Experience:
Michael’s has over 30 years’ experience representing clients in difficult matters. A Chartered Tax Advisor (TIA) and consistently ranked as one of Melbourne’s pre-eminent taxation juniors (Doyles Guide 2019, 2018, 2017, 2016), Michael also practices extensively in equity, trusts, commercial litigation, corporations’ law, insolvency, and administrative law.
Recently reported decisions:
DPP (Cth) v Semmens [2019] VCC 2184 - white collar crime (GST fraud) - Michael appeared with Ashley Cannon. Contra R Barry and C Nicholson.
Mifsud v DPP [2019] VSCA 233 (Whelan and Forrest JJA, Kennedy AJA) - Michael led D P Hannan in an appeal to the Court of Appeal on a point of law concering motor vehicle regulations. Contra C T Carr.
Jordanou v Commonwealth Bank of Australia (2019) 139 ACSR 13 (Moshinsky J) - Michael led D Connors in an appeal against sequestration order of the Federal Circuit Court founded on judgment debt. Contra B Carew.
Keo Waleta Property Pty Ltd v 1693 Malvern Road Pty Ltd [2019] VSC 239 (Almond J) – construction of a contract resolving a property development dispute. Contra D Aghion.
Cro Travel Pty Ltd v Australia Capital Financial Management Pty Ltd [2018] NSWCA 153 (Meagher, Ward JJA and Barrett AJA) – Michael led S P Thomas in an appeal from the district court concerning shipping law, bills of lading agency principles, and equitable assignments. Contra E Cox of the NSW Bar.
Lopez v Harstedt Pty Ltd [2018] VSCA 19 (Santamaria and Niall AJA) – an application for leave to appeal to Court of Appeal (Duty Barrister Scheme). Contra D G Robertson and R T Campbell.
Owners Corporation RP 3454 v Ainley [2017] VSC 790 (Derham AsJ) – Michael led D Diaz in an appeal from VCAT as to the validity of an owners' corporation rule prohibiting external amendments to lots. Contra N Jones.
Cresswell v Creswell [2017] VSCA 272 (Santamaria, McLeish JJA, and Keogh AJA) – Michael led K Mihaly in an appeal concerning the interaction of equitable estoppel and contract law, and procedural fairness in a trial. Contra C R Northrop.
Archibald v Powlett (2017) 53 VR 645 (Redlich, Osborne and McLeish JJA) – Michael led L Davis in an appeal concerning duplicate proceedings in respect of a joint contractual liability, and the quantum of damages. Contra Dr A Hanak, pro bono.
Vlahos Pty Ltd v Vlahos (2017) 16 ASTLR 360, [2017] VSCA 166 (Tate, Kyrou and McLeish JJA) – Ian Hardingham, QC led Michael in an appeal concerning the correct approach as to when a presumption of resulting trust will be rebutted, and the part performance of oral contracts for the sale of land. Contra P Collinson, QC.
Vasiliades v Commissioner of Taxation [2017] HCA Trans 104 (Kiefel CJ, and Keane J) – an application for special leave to appeal to the High Court concerning an order for security for costs in favour of the Commissioner. Contra S Sharpley, QC with S Linden.
Piper Alderman v Smoel [2017] VSCA 42 (Beach and Ferguson JJA, and Cameron AJA) – P Collinson, QC led Michael in an appeal on the distinction between itemised bills and lump sum bills in the taxation of costs. Instructing solicitors: Piper Alderman. Contra, P Lovell, instructed by Castra Legal Costing.
Commissioner of Taxation v Vasiliades [2017] FCAFC 170 (Dowsett, Kenny and Edelman JJ) – H Symon, QC led Michael in an appeal concerning whether the Commissioner of Taxation was entitled to seek security for costs against an offshore taxpayer in proceedings under Pt IVC of the Taxation Administration Act 1953. Contra S Sharpley, QC with S Linden.
Vasiliades v Commissioner of Taxation (No 2) [2017] FCA 185 (Davies J) – An application for leave to give evidence by video link. Contra S Sharpley, QC with S Linden.
Recent papers:
Property taxes – a refresher on recent changes, Tax Institute of Australia, 21 June 2018
GST withholding on supplies of new residential property, Greens List, 9 May 2018
Other:
Tax Bar Association, Committee Member 2010-2018
Tax Institute of Australia, State Taxes Committee 2012-2018
In 2016 Michael was a nominee for Pro-bono Barrister of the Year (Victorian Bar) for his extensive pro bono contributions over many years.
From 21/5/2009, Liability limited by a scheme approved under Professional Standards Legislation.
To discuss Michael's availability or for more information, please contact the Clerks at Greens List on +61 3 9225 7222.