Current practice

Michael has practised in the field of commercial litigation for 24 years both in Australia and in London. He adopts a very commercial, street-wise approach to the conduct of litigation, recognising that it is often just part of a broader commercial picture. He emphasises the need to have an overall strategy, with constant monitoring of specific tactics to ensure that they are consistent with the agreed strategy. He also ensures that prospects of commercial settlement are explored early and as thoroughly as appropriate.

Michael also has a special interest in the field of trade practices. He has an in-depth knowledge of the Australian Competition and Consumer Commission (ACCC), having worked both for them and against them on a number of major matters. He has a comprehensive understanding of all aspects of restrictive trade practices and the prohibition on misleading and deceptive conduct.

Industry experience

Michael's experience includes:

Trade practices

• having the principal conduct of the Part IV claims for Channel Seven against multiple defendants in relation to the loss of its pay TV channel
• acting for Adshel against its principal competitor in respect of Part IV claims, including conduct of a 15 week trial and ultimate commercial resolution
• representing a major food manufacturer in relation to an application by primary producers to authorise collective bargaining, including an appeal against the authorisation and reaching a commercial resolution, and
• acting for the ACCC in the prosecution of claims under section 46 of the Trade Practices Act against the Bureau of Meteorology and the Trade Practices Commission in the prosecution of the Santos/Sagasco litigation in the Federal Court.

Commercial litigation

• acting for Transurban in relation to litigation arising out of the CityLink project
• acting for CSIRO in relation to a major dispute concerning the commercialisation of certain anti-counterfeiting technology
• acting for Energy Resources Australia (ERA) in relation to proceedings concerning the Ranger Uranium Mine, in which the Northern Land Council sought to set aside ERA's right to mine, and in three sets of proceedings commenced by Aboriginal land owners seeking to prevent the Jabiluka Uranium Mine, and
• acting for Ernst and Young (former auditors of the State Bank of Victoria) in the Tricontinental litigation.

Mediations

Michael has appeared, with and without counsel, in a number of high-profile and complex mediations.

Michael appeared without counsel on behalf of the ERA in a five-day mediation before Sir Ninian Stephen, a former High Court Judge and Governor-General of Australia, involving a dispute between ERA, the Commonwealth and the Northern Land Council.

Michael appeared without counsel in a mediation before Sir Laurence Street, the former Chief Justice of the Appeal Court of New South Wales, relating to major multi-party litigation representing one of the principal defendants.

Professional background

Michael holds a Bachelor of Laws (Hons) and Bachelor of Commerce both obtained from the University of Melbourne in 1980. Michael also undertook a Masters course in restrictive trade practices at Monash University in 1985.

Michael has presented papers on restrictive trade practices at Leo Cussen and for BLEC as well as appearing in a televised trade practices 'hypothetical'.

He has also conducted a series of seminars for the staff of the Melbourne office of the TPC in relation to the management of large scale trade practices litigation.