Dr. Michael Wolff (Dr. Jur; Mag. Jur; MCJ; FCIArb) was admitted to practice in Australia in 2002 and signed the Victorian Bar Roll in 2008.
Aside from a large and varied construction law practice, Dr. Wolff practices in general commercial litigation with a particular emphasis on contractual disputes, misrepresentation matters, security of payment matters, corporations matters, banking and finance matters, farming litigation and all matters with international aspects, in particular international arbitrations.
He appears regularly in interlocutory hearings and trials in the Federal Court and Supreme Courts throughout Australia, as well as in other courts and tribunals. In particular, he has recently appeared in or is currently briefed in the Court of Appeal in Victoria, the Supreme Court of Victoria, the County Court of Victoria, VCAT, the NSW Supreme Court, the Court of Appeal in Qld, the Qld Supreme Court, the District Court of Qld, the Administrative Appeals Tribunal, the Federal Court of Australia in its appellate jurisdiction, the Federal Court of Australia, and the Federal Circuit Court.
A list of examples of current and recent cases is attached below.
Dr. Wolff has practised extensively in jurisdictions outside of Australia, generally appearing in international arbitrations and specializing in finance cases or cases with an Australian connection. He appears in arbitrations in Europe, Asia, the US, and appears in matters in the courts of the USA, Switzerland, Germany, Austria and other jurisdictions.
Aside from his domestic and international arbitration practice, Dr. Wolff is an experienced practitioner in other forms of alternative dispute resolution, having participated in many mediations in most jurisdictions in Australia and in various international jurisdictions. Dr. Wolff became a LEADR accredited mediator in 2008.
Dr. Wolff is on the panel of eligible international arbitrators at various international institutions, including the Hong Kong International Arbitration Centre and the Vienna International Arbitration Centre. He has lectured as a Senior Fellow in the LLM program in Melbourne at Monash University in International Arbitration. He is a Fellow of the CIArb. As indicated above, Dr. Wolff also appears regularly in national and international arbitrations as Counsel.
Prior to signing the Bar Roll, Dr. Wolff has held numerous positions for The Coca-Cola Company and its local subsidiaries in Atlanta and Houston, USA; Johannesburg, South Africa; Bangkok, Thailand and New Delhi, India. He holds a Magister Juris from the University of Vienna, a Doctor Juris from the University of Vienna and a Master of Comparative Jurisprudence from New York University. Dr. Wolff is a Fulbright Scholar, and a Fellow of the Institute of Comparative Law at NYU. He was admitted to practice in New York, USA, in 1996.
Dr. Wolff has served three consecutive terms as the Hon. Consul General for the Republic of Austria in Victoria, Australia until 2021.
Outside his career at the Victorian Bar, Dr. Wolff has some experience in the world of outdoor exploration. He was the captain of the Austrian team at the 2001 BASE Jumping World Championship. He was part of the team that undertook the first underwater exploration of the geographic North Pole and has considerable mountaineering experience (summiting several of the Seven Summits, including notably Mt. Everest on 13 May 2022). His exploits have been regularly featured in newspaper and magazine articles. He is a Fellow of the Royal Geographical Society in London.
Dr. Wolff was awarded the Cross of Merit in Gold of the Republic of Austria in 2017.
Selective list of recent (within the last 3 years) and current relevant cases/judgments
In the matter of an ICC arbitration (Confidential) – Counsel for Applicant in military goods /weapons suitability for contracted purpose dispute; seat in Singapore
Obaid Naqebullah v State of Victoria, Court of Appeal Victoria, case number S EAPCI 2023 0101, current proceedings – Appeal to determine the range and applicability of Sec 137F of the Building Act 1993 (Vic)
In the matter of an ICC arbitration (Confidential) – Counsel for Applicant in provision of timber as construction material during the COVID pandemic dispute
Mayart Pty Ltd v Knight[2023] FCA 218 (15 March 2023) (O'Bryan J) – Bankruptcy appeal
Excelon Arden Pty Ltd v Victorian Managed Insurance Authority VCAT BP60 / 2022 - Counsel for successful applicant in major domestic building contracts matter vs VMIA
Natasha Louise Hicks v David Morgan and NW Kelly Plumbing et al, VCAT, No BP 760/2020, current proceedings – Construction proceedings involving application of Water Act (Vic)
Constant Industries Pty Ltd v AV Investments Pty Ltd and Andrew Visa VCC CI-21-01920 – Injunctive relief / Mareva orders and assessment of damages - (current/pending)
Owners Corporation PS623721 v Shangri-La Construction Pty Ltd (Building and Property) (Insurance) [2023] VCAT 502 (03 May 2023) (C Edquist M) – Determination against insurer in favour of client builder in longest VCAT matter on record
Westurban Construction Pty Ltd v Santagada et al, VCAT No BP 1682/2022, current proceedings - Construction proceedings
Owners Corporation 1 Plan No. PS 640567Y v Shangri-La Construction Pty Ltd (ACN 130 534 244 S ECI 2023 00698 - Construction proceedings
Shangri-La Constructions Pty Ltd (ACN 130 534 244) v Nicholson Wright Pty Ltd (ACN 072 393 741) S ECI 2023 00693- Construction proceedings
Owners Corporation 1 Plan No PS 707553K v Shangri-La Construction Pty Ltd (ACN 130 534 244) [2023] VCC 1473 (24 August 2023) (Macnamara J) – Claim against client company director under Sec 137F of the Building Act 1993 (Vic)
Re GVE Hampton Pty Ltd (in liq) [2022] VSC 539 (07 September 2022) (Connock J)
Owners Corporation v Shangri-La Construction (No 2) [2023] VCC 655 (28 April 2023) (Anderson J) - Construction proceedings
Krok v Shangri-La Construction Pty Ltd, [2022] FCAFC 32 (11 March 2022) (Markovic, Derrington and Goodman JJ) – Appeal against decision to deny stay of examinations ss 596A and 596B of the Corporations Act 2001 (Cth).
VP Homes Pty Ltd v Madden et al, VCAT No BP 1090 / 2022, current proceedings - Construction proceedings
Shangri-La Construction Pty Ltd v Hyatt, in the matter of GVE Hampton Pty Ltd (in liquidation) [2020] FCA 1577 - Counsel for successful party in Federal Court Appeal (insolvency – compulsory examinations by a creditor of an insolvent company)
Bongiorno v Gondopoulos and Helou CI-22-00751 – Injunctive relief in construction matter
Owners Corporation v Shangri-La Construction [2023] VCC 222 (22 February 2023) (His Honour Judge Anderson) - Construction proceedings
Spirito Development Pty Ltd v Sinjen Group Pty Ltd2020] VCC 1368 (03 September 2020) (His Honour Judge Woodward) – claim under s 16(2) of the Building and Construction Industry Security of Payment Act 2002 (Vic)
Owners Corporation PS623721 v Shangri- La Construction Pty Ltd (Building and Property) [2022] VCAT 1499 (08 March 2022) (C Edquist M) - Construction proceedings
Naqebullah v Victorian Building Authority (Review and Regulation) [2022] VCAT 895 (05 August 2022) (Justice Quigley, President, and, Member Clampett) – Successful appeal in disciplinary proceedings against builder/company director
In the matter of 7 Maroona Road Carnegie, VCAT Matter BP41/2021 – Counsel for Respondent in construction matter
Owners Corporation 1 Plan No. PS707553K v Shangri-La Construction Pty Ltd (No 3) (Building and Property) [2022] VCAT 1385 (06 December 2022) (Vice P; Anderson J)
Universal Civil Constructions v Commissioner of State Revenue No SCI 2019 0423 – Taxation dispute
Tempo Development Group ACN:120403367 v Codevelop Property Pty Ltd ACN:629146014 C3930/2021 - Counsel for Respondent in construction matter
Owners Corporation PS623721 v Shangri- La Construction Pty Ltd (Waiver of legal professional privilege No 2) [2021] VCAT 683 (02 July 2021) (C Edquist M) - Construction proceedings
In the matter of Neerim Road VCAT Matter BP1789/2020 – Counsel for Respondent in construction matter
Method Constructions Pty Ltd its Pema Projects (Australia) Pty Ltd CI-19-05731 - Counsel for Respondent in contract interpretation matter
Owners Corporation PS623721 v Shangri- La Construction Pty Ltd (Injunction application) [2021] VCAT 828 (27 July 2021) (C. Edquist M) - Construction proceedings
In the matter of 290 Hawthorn Road, Caulfield Matter BP125/2019 - Counsel for Respondent in construction matter
In the matter of PremiAir Services Pty Ltd re Universal Concrete Contractors Pty Ltd- Counsel for Respondent in construction matter
In the matter of Shangri-La Construction Pty Ltd -v- Mark & Nicole McCann - VCAT Proceeding BP866/2019 - 24 Box Hill Crescent, Mont Albert North, VIC 3129 - Counsel for Respondent in construction matter
Owners Corporation PS623721 v Shangri-La Construction Pty Ltd (Building and Property List) [2021] VCAT 1455 (02 December 2021) (C Edquist, Member) - Construction proceedings
Coinvest v Taurus Commercial Installations CI – 22-02498 - Counsel for Respondent in construction matter
Owners Corporation PS623721 v Shangri- La Construction Pty Ltd (Building and Property) [2021] VCAT 1321 (28 June 2021) (C Edquist M) - Construction proceedings
Spirito Developments Pty Ltd -v- Sinjen Group Pty Ltd CI-20-020045 - Counsel for Respondent in construction matter
In the matter of 3, 5-7 Dixon Street & 2-8 Murray Street, Clayton Matters BP1087/2019 and BP1055/2020 - Counsel for Respondent in construction matter
In the matter of Clyde Street Matter BP1592/2018 - Counsel for Respondent in construction matter
Naqebullah v Victorian Building Authority (Review and Regulation) [2022] VCAT 895 – Counsel for successful party in review of disciplinary VBA decisions
Knight v Mayart Pty Ltd [2022] VSCA 36 (23 March 2022) (McLeish, Sifris and Kennedy JJA) – Counsel for success party in Victorian Court of Appeal matter (Moneys lent for purposes including development of property – Where loan agreements contained terms relating to provision, execution and return of building contract)
In the matter of a domestic arbitration: Warrigal Domestic Pistol Club v TRW - Counsel for successful party in domestic arbitration
In the matter of an ICC arbitration (Confidential) – Counsel for Applicant in multiparty manufacturing dispute
Nutrien Ag Solutions Limited -v- Camera M11624988 – Personal guarantee
Veng Ky Tong & Anor v 3G Group Homes Pty Ltd S ECI 2021 3352 - Construction proceedings
BPG Access Pty Ltd (ACN: 119 727 043) t/as Porter Davis Homes v Irwin Tchen Kiang Tse How Yuen, BP2249/2019 – Counsel for Respondent in construction dispute
In the matter of Michael Knight, Federal Court of Australia, VID182/2022 – Counsel for Applicant in disputed bankruptcy proceeding
Pei Fei (Celina) Lin, Randy Lap Lew v Cardia Pfeffer, Tobias Pfeffer BP710/2021 – Counsel in contract dispute
Jeskan Nominees Pty Ltd (atf Jeskan Discretionary Trust) v Lumley Finance and Loans Pty Ltd & Registrar of Titles S ECI 2021 03283 – Security for debts/Caveats/Removal of Caveats
In the matter of an ICC arbitration (Confidential) – Counsel for Applicant in multiparty trading dispute
Owners Corporation PS623721 v Shangri-La Construction (3 June 2021) – Counsel for successful applicant in decision which highlights the differences between an application for security of costs in VCAT and an application in the courts.
Owners Corporation PS623721 v Shangri-La Construction (28 June 2021)- Counsel for successful applicant in decision which considers a claim that legal professional privilege over senior counsel’s advice obtained by a party had been waived.
Major Timber Pty Ltd v Rudyard Pty Ltd & Daley No M11317911 - Counsel for successful applicant in Security for Cost Application
In the matter of GVE Hampton Pty Ltd (In Liquidation) (ACN 167 150 521) VID 785/2019 – Counsel for successful party in applications to set aside public examinations
Goulding v Simonds Homes Victoria Pty Ltd (No. 3) [2021] FCCA 1790- employment/ contractor dispute
Owner Corporation 30 Willansby Av v Shangri-La Construction and others– Building and insurance dispute
Summer Breeze Pty Ltd v Victorian Managed Insurance Authority [2021] VCC 734 - summary judgment in a major domestic building contracts matter vs VMIA
PHHH Investments No 2 Pty Ltd v United Commercial Projects Pty Ltd S ECI 2021 0055 – Counsel for successful party in applications to set aside CSD
289 Grange Road Developments Pty Ltd v Dalle Projects Pty Ltd [2017] VSC 409 (17 July 2017) (Randall AsJ) – Counsel for successful applicant in application pursuant to s 459G to set aside statutory demand
Shangri-La Construction Pty Ltd v GVE Hampton Pty Ltd (in liq) & Ors [2021] VSC 161 – Application to appoint Special Purpose Liquidator
H2O Exchange Pty Ltd and Innovation and Science Australia [2021] FCA 11 – R&D incentive scheme dispute
Mayart Pty Ltd & Ors v Knight & Ors, [2021] VCC 15 – Cost consequences of guarantee and contract dispute
Schwarz & Conrad as administrators of Kamata Homes Pty Ltd v MCCA Asset Management Limited & Anor, [2020] VSC 841 – Counsel for successful party in case establishing new case law in DOCA validity determination
Mayart Pty Ltd & Ors v Knight & Ors [2020] VCC 1929 - Claim under guarantee for repayment of moneys lent
Pema Projects v Method Construction 2020 VCC – Security of Payment determinations
Shangri-La Construction Pty Ltd v Hyatt, in the matter of GVE Hampton Pty Ltd (in liquidation) [2020] FCA 1577 – Applications to set aside compulsory examinations
One Scaf Pty Ltd v Rudyard Pty Ltd [2020] VCC 1109 - Building contract – payment claims
Rudyard Pty Ltd v ASEA 1 Pty Ltd [2020] VSCA 122 - Application for a stay of execution of judgment
ASEA 1 Pty Ltd v Rudyard Pty Ltd, 2020 VSCA 122 – Sec for Cost Applications
Kevin Hughes Investments Pty Ltd v Ebert Unit Developments Pty Ltd [2020] VSC 167 – Unit trust / cost determinations
Crossley v Sea Trek Dive Services Pty Ltd & Anor [2020] QCA 35 - guarantee and indemnity appeal
MCCA Asset Management Ltd v Kamata Homes Pty Ltd (admins apptd) [2019] VSC 742 – Application to set aside Deed of Company Arrangement
ASEA 1 Pty Ltd v Rudyard Pty Ltd, [2019] VCC 1995 – SOP litigation
MCCA Asset Management Limited v Kamata Homes Pty Ltd & Ors, [2019] VSC 512 - Application for interlocutory injunction restraining defendants from giving effect to the deed of company arrangement
G.C.E. Global Consulting Engineers Pty Ltd v Moshav Custodian Pty Ltd [2019] VSC 402 - Application to restrain mortgagee from exercising power of sale
H2O Exchange Pty Ltd and Innovation and Science Australia [2019] AATA 4195 – R&D incentive scheme dispute
Harmony Operations Australia v GG Feedlot 2019] VSC 132 - interim injunction
Sea Trek Dive Services v Crossley [2019] QDC 126 – guarantee and loan agreements dispute