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Expertise
Commercial Law
Michael has extensive experience in general commercial litigation including acting for Plaintiffs, Defendants, Appellants and Respondents in construction matters (commercial and domestic), consumer protection law, contract disputes, lease and partnership disputes with some notable matters. Sierless being led by David Cooper QC to conduct a successful claim for misleading and deceptive conduct for the misrepresentation of the sale of a unitCounterclaiming against a bank for maladministration of a loanConducting a matter on the commercial list bringing a claim under the rule of Barnes v Addy for the alleged misappropriation of sharesActing for a purchaser of an inner city hotel seeking damages for breach of contract for repudiation of the purchase agreementActing for mine operators in defending claims by liquidators
Michael also has extensive experience in defamation law having conducted appeals in the District and Court of Appeal, and acting for plaintiffs and defendants in a number of defamation matters.
Insolvency
Michael’s first insolvency trial at the bar was a successful insolvent trading prosecution against a director for a Brisbane based liquidator.Since then Michael has regularly performed advocacy work for and against liquidators in preference and recovery actions, insolvent trading claims and defences, contests over appointment, advice and pleadings for personal insolvency agreements, setting aside transfers of real property, the trustee in bankruptcy’s equitable interest in matrimonial property under constructive and resulting trusts and related building and constructing disputes. Led by a high profile QC in a matter before Justice Collier, Michael worked with instructing solicitors and counsel to put the client in the best position for trial until the matter settled. Michael regularly appears in Superior Court jurisdictions on successfully setting aside statutory letters of demand and resisting their application or acting in matters for appropriate commercial settlements. With high attention to detail and depth of relevant research, Michael enjoys confidence in most areas of insolvency and has worked in a number of points of contest in Chapter 5 of the Corporations Act and comparative provisions in Bankruptcy.
Equity
Michael has appeared in all superior Court jurisdictions in claims for equitable compensation for breach of fiduciary duties, declarations for rights of trustees, remuneration and other injunctive relief. Other doctrines of equity which Michael has significant familiarity with in trials, interlocutory applications, drawing submissions, settling affidavits and pleadings in constructive and resulting trusts, limitation issues for fraud and equitable estoppel.
Family Law
From advocating successfully on the Magellan List to seek a finding that a parent was an unacceptable risk to the children, Michael has acted in property matters, a significant number of parenting proceedings and successfully upheld a Binding Financial Agreement. Michael’s focus in law, particularly Family Law, is to generate compassion with integrity through the robust arena of civil litigation but inside the unique context of championing the best interests of the parties to settle matters early where the circumstances allow. Michael has experience in recovery proceedings, Hogan Orders, BFDBA splitting, an equitable tracing claim in the Family Law, Rice v Aspland applications, advancing clients’ rights when they have mental illnesses, convictions for possessing child exploitation material and drug addictions as well as property matters of sizable asset pools and complex business structures to one of the parties. Michael’s enthusiasm for every domain of law takes on a special character when acting for aggrieved parents fighting to keep their relationship with their children alive.
Estate Litigation
Michael successfully represented an applicant at Trial in the reported decision of Wogandt in firstly obtaining directions for the administration of an estate and ultimately removal of the trustee.With other similar applications, Michael has succeeded in resisting an application to remove the trustee and acted in a number of family maintenance applications including challenges to wills and appointment of administrators to conducting litigation on behalf of an estate.
Criminal Defence
Michael has substantial experience in conducting Criminal sentences and s590AA applications relating to admissibility of Crown evidence in a range of serious sex offences, serious drug offences, chocking, robbery, stealing and stalking along with successful Domestic Violence Trials, traffic matters and representing solicitors for misconduct charges in QCAT.