Michael Whitten KC practises in civil and commercial litigation.  For more than 30 years, he has appeared in courts, tribunals and arbitrations throughout Australia and overseas.  Michael specialises in all aspects of building and construction disputes including associated insurance actions. He is a co-editor of the 4th, 5th and 6th editions of ‘Brooking on Building Contracts’.  

Between September 2019 and August 2023, Michael served in country as the Lord Chief Justice of the Kingdom of Tonga and President of the Tongan Court of Appeal. During that term, he heard and determined over 1,300 cases across all areas of law with over 300 judgments published and/or cited on PACLII.  In 2024, Michael was appointed an Acting Judge of the Supreme Court of Samoa.

Alternate dispute resolution remains an important part of Michael's practice. He is a Fellow of the Chartered Institute of Arbitrators, a Fellow of Resolution Institute and an NMAS nationally accredited mediator.  He has served on the Australian Bar Association’s International Arbitration Committee, is the current Chair of the Victorian Bar’s Alternative Dispute Resolution Committee and a member of the Bar’s International Advocacy Training Committee

Michael is a founding member of Melbourne TEC (Technology, Engineering and Construction) Counsel, a group of specialist construction law barristers, arbitrators and mediators who practise throughout Australia, Southeast Asia and the Middle East.

CV available upon request.