Michael has practised at the Victorian Bar for over 30 years.
Practice
Michael practices principally in the areas of tax, revenue, commercial law, insolvency, equity, wills and estates, and family law property disputes and settlements. He has considerable experience in advocacy, mainly in the superior courts, and in drawing pleadings and other documents, and in advice work.
Examples of cases
Michael has appeared as counsel in many cases in the superior courts, including the High Court, the Federal Court, and State Supreme Courts. He also appears in specialist tribunals, such as the AAT, VCAT and formerly the Credit Tribunal. Some examples of reported cases in which he has appeared as counsel are: Commissioner of State Revenue v Lend Lease Funds Management Ltd (2011) 33 VR 11; Kennon v Spry (2008) 238 CLR 366; Avco v Abschinsky [1994] 2 VR 659; Webb Distributors v Victoria (1993) 179 CLR 15; Perrins v State Bank of Victoria [1991] VR 749; Monty Financial Services v Delmo [1996] 1 VR 65; and Norris v Sibberas [1990] VR 171. Michael also appeared for several thousand non-withdrawable investing shareholders in the Pyramid Building Society litigation, which lasted several years.
Publications
Michael is the author of a loose leaf service, 'Stamp Duties Victoria' (LBC) and has written numerous published articles on tax and commercial law; for example, a 2 part series of articles on legal professional privilege and the similar concession relating to accountants' tax advice published in the July and August 2004 issues of 'Taxation in Australia', and an article on the impact of capital gains tax on damages published in the Australian Tax Review, December 2002.
Academic activities and presentations at seminars
Michael is a past senior fellow of the Law School of the University of Melbourne and taught specialist tax subjects to post-graduate students there once a week during one semester each year. Previously, he was a part-time senior lecturer fulfilling similar duties.He was formerly a tutor in business law at Trinity College, Parkville and lectured in trade practices law at Monash University.Michael has presented papers at many seminars, for example at the Leo Cussen Institute and for CPDS. In October, 2006 he presented a paper at the Victorian State Convention of the Tax Institute of Australia on the taxation of compensation and damages. In June, 2009, he presented a seminar for CPDS on the alteration of property interests under the Family Law Act 1975. In February, 2011, he presented a seminar on testamentary trusts.
Some of his papers are as follows:
Taxation of Payments of Damages and Compensation
Tax Implications of LitigationThe Impact of Capital Gains Tax on DamagesDrawing the Veil Over Taxation Advice Given by AccountantsResisting Disclosure in Tax MattersStamp Duty UpdateState Taxes: The New Landholder RegimeTestamentary DisputesTestamentary TrustsAppeals in Family Law Property CasesFamily Law and Discretionary Trusts
Other appointments
Michael is a past director of the Trustee of the Victorian Bar Superannuation Fund; a past member of the State Taxes Sub-Committee of the Taxation Institute of Australia; and a past member of the Committee of the Commercial Law Association.