Haydn Carmichael has a broadly based commercial advice and trial practice encompassing environment law and environmental regulation, corporations law, equity, competition and trade practices law, market regulation and judicial review. Haydn acts in commercial crime and civil penalty proceedings. Haydn has experience in Wickenby and post Wickenby tax and regulatory proceedings.Haydn acted in one of the first contested civil penalties proceedings which affirmed procedural protections for individual director defendants: (ASIC v Mining Projects Group Ltd and Ors [2007] FCA 1620. More recently, Haydn has acted for individual director/officer and corporate defendants in prosecutions brought by the Environment Protection Authority and conducted the recent test case litigation reported as Dasma Environmental Pty Ltd v EPA [2002] VSCA 248, Nonferral Recycling Pty Ltd v EPA [2023] VSC 292 and Monsbent Pty Ltd v EPA [2024] VCAT 302.Monsbent successfully maintained an appeal against unilateral change made by EPA to its operating Licence conditions concerning emissions. The reported decision of Senior Member Potts is the first reported decision of VCAT in respect of Licence condition amendments concerning emissions to air under the ‘new’ Environment Protection Act 2017.A recurrent feature in Haydn’s regulatory practice has been cases of scientific evidence and complexity associated with the evaluation of risks of harm, discharge of common law and statutory duties and exercise of statutory regulatory and discretionary powers.Some examples include: threatened species and modelling science (the Orange Bellied Parrot case under the Cmth EPBC Act); geophysics and geochemistry relevant to alleged misleading public reporting of exploration results and non-compliance with the JORC Code (Mining Projects); indicator emissions arising from particle board manufacturing (Monsbent).Haydn acted with Robert Richter QC on behalf of Witness K in the prosecution brought by the CDPP against K and Collaery in a national security matter concerning Timor Leste. Haydn has knowledge and experience in National Electricity Law and National Electricity Market regulation.Haydn is married to a scientist and is the father of two. For further information contact my clerk Greens List 03 9225 7222, and for recent case information see https://www.vicbar.com.au/profile/6755
Listed skills include Litigation, Commercial Litigation, Legal Advice, Alternative Dispute Resolution, and 24 others.
