Martin Smith


Prior to commencing at the Bar in 2011, Martin practised as a commercial litigation solicitor (including at Freehills) for four years and spent 18 months as associate to a Judge of the Federal Court of Australia.
Martin practises in:
- Commercial law including contractual disputes, corporations law and insolvency, shareholder disputes, bankruptcy, property, trade practices (in particular, misleading or deceptive conduct claims) and restraint of trade.
- Construction and infrastructure disputes.
- Insurance (coverage and liability issues) and professional indemnity.
- Commonwealth administrative law.
Martin has appeared led and unled in commercial matters in all of the principal courts in New South Wales as well as the Federal Court. Martin practices from time to time in other states.
Martin has a substantial advice practice and is also regularly briefed to appear in urgent interlocutory applications in relation to property, restraint of trade and corporations law matters.
Much of Martin's practice involves dealing with experts in various disclipines. Martin has been briefed to act as a facilitator in expert conclaves.
Significant cases and areas of practice:
Presently acting on instructions from insurers in proceedings involving alleged structural design errors in relation to a significant development.
Presently acting for Infrastructure NSW in relation to a large development dispute (instructed by King and Wood Mallesons and by Corrs Chambers Westgarth).
Acting for Woolworths on a number of significant leasing disputes.
Presently acting for a large international builder in relation to a community building project (instructed by Pinsent Masons).
Presently acting for the Australian arm of a large PRC building company in proceedings concerning a large commercial development (instructed by Pinsent Masons).
Presently acting for a builder in a claim against an engineer in relation to a large residential tower (instructed by Minter Ellison).
Presently acting for importer of a building products in relation to a claim that the products supplied were defective (instructed by Gilbert Tobin). See Fortius Broadway No 1 Pty Ltd v ACN 103 211 141 Pty Ltd (formerly known as Watpac Construction (NSW) Pty Ltd) [2026] NSWSC 710.
Presently acting for a large engineering joint venture in multibillion dollar proceedings in the Federal Court arising out of the construction of an LNG plant in Darwin. An 11-week trial took place in mid-2024 (judgment reserved). Although led Martin, ran parts of the case and appeared led and unled (including against silk) in various pre-trial interlocutory applications.
Acted for the builder (Icon) in the Opal Tower class action and other proceedings relating to the Opal Tower building. Martin was sole junior counsel responsible for coordinating the defence of three sets of proceedings, in which claims totalling over $100 million were made. Martin appeared led and unled (including against silk) in various pre-trial interlocutory applications.
Martin also appeared unled (against silk) in a high value reference, resulting in a successful outcome for Icon (which was upheld by the Court of Appeal).
Builtcom Construction Pty Ltd v VSD Investments Pty Ltd [2025] NSWSC 250
Walker (Administrator), in the matter of Childcare Development Opportunities Pty Ltd [2024] FCA 1133
Successfully defended a large international engineering firm in a professional negligence and misleading or deceptive conduct action brought against it. The amount claimed was in excess of $50 million and it occupied over five weeks of hearing time: Downer EDI Rail Pty Ltd v John Holland Pty Ltd and Ors (No 4) [2018] NSWSC 326.
Northern Sydney Local Health District v Amaca Pty Ltd (under NSW administered winding up) [2017] NSWCA 251; insurance; double compensation.
SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; High Court of Australia – statutory construction; interaction between the Convention against Torture and the Migration Act (successful, led by the Commonwealth Solicitor-General).
Acted for respondent Minister in a judicial review case in the Federal Court involving allegations of bias arising from comments made by the Minister on public radio (successful, unled for the Minister against silk) – Zaburoni v Minister for Immigration and Border Protection [2017] FCA 654.
CGU Insurance Limited v AAI Limited [2016] NSWCA 335 – insurance, statutory interpretation.
Lock v Australian Securities and Investments Commission (2016) 111 ACSR 318 – class action involving allegations of negligence; misfeasance in public office (for ASIC).
Acted for the successful defendants in a three-week confidential information trial. Indemnity costs were awarded in the defendants’ favour.
Shrestha v Migration Review Tribunal (2015) 229 FCR 301 (Full Federal Court); SZWBH v Minister for Immigration and Border Protection (2015) 229 FCR 317 (Full Federal Court); AAV15 v Minister for Immigration and Border Protection (2015) 230 FCR 454 – procedural fairness; scope of the Court’s summary dismissal power (all unled for the Minister).
New South Wales Netball Association Ltd v Probuild Construction (Aust) Pty Ltd [2015] NSWSC 1339 – change of position under the Building and Construction Industry Security of Payment Act 1999 (NSW).
- Fortius Broadway No 1 Pty Ltd v ACN 103 211 141 Pty Ltd (formerly known as Watpac Construction (NSW) Pty Ltd) [2026] NSWSC 710
- Builtcom Construction Pty Ltd v VSD Investments Pty Ltd atf The VSD Investments Trust; VSD Investments Pty Ltd atf The VSD Investments Trust v Builtcom Construction Pty Ltd [2025] NSWSC 250
- Walker (Administrator), in the matter of Childcare Development Opportunities Pty Ltd [2024] FCA 1133
- Downer EDI Rail Pty Ltd v John Holland Pty Ltd and Ors (No 4) [2018] NSWSC 326
- Northern Sydney Local Health District v Amaca Pty Ltd [2017] NSWCA 251
- SZTAL v Minister for Immigration and Border Protection [2017] HCA 34
- Zaburoni v Minister for Immigration and Border Protection [2017] FCA 654
- CGU Insurance Limited v AAI Limited [2016] NSWCA 335
- Lock v Australian Securities and Investments Commission (2016) 111 ACSR 318
- Shrestha v Migration Review Tribunal (2015) 229 FCR 301
- SZWBH v Minister for Immigration and Border Protection (2015) 229 FCR 317
- AAV15 v Minister for Immigration and Border Protection (2015) 230 FCR 454
- New South Wales Netball Association Ltd v Probuild Construction (Aust) Pty Ltd [2015] NSWSC 1339
- Admitted to the Bar: 2011
- Admitted as a Legal Practitioner: 2005
- LLB (Hons I) (University of Newcastle)
- BA (University of Newcastle)