Division of Bar Roll:
Victorian Practising Counsel
Profile:
Mitchell has a broad commercial practice at the Bar. He is typically briefed to appear both led and unled in a wide range of commercial disputes, including corporations and insolvency matters, class actions, professional negligence, and banking and financial services litigation.
Some of Mitchell’s recent matters at the Bar include:
- Bolitho v Banksia Securities Limited (In Liquidation) (Receivers and Managers Appointed) [2021] VSC 666 (class action in relation to collapse of financial institution, conduct of litigation funder and legal practitioners) (led by R Dick S.C. and J Redwood S.C.): see also Banksia (No 10) [2020] VSC 524 (joinder of parties under Civil Procedure Act); Banksia (No 11) [2020] VSC 567 (disqualification for apprehended bias).
- Banksia Securities Limited v Insurance House Pty Ltd [2020] VSC 123 (negligence, claim against insurance broker, approval of settlement) (led by J Redwood S.C.).
- In the matter of SRW Nominees Pty Ltd [2019] VSC 547 (shareholder oppression, quasi-partnership) (unled); and also SRW (No. 2) [2020] VSC 323 (valuation of company, compensation) (unled).
- Re IPO Wealth Holdings No 2 Pty Ltd [2020] VSC 549 (provisional liquidation, unregistered managed investment scheme, winding up on just and equitable ground) (led by S.D. Hay QC).
- Choon v Chen [2019] FCA 1643 (application to stay voluntary winding up, shareholder oppression) (unled).
- Liu v Resi Ventures Leakes (Supreme Court of Victoria) (repudiation of contract, estoppel, misleading or deceptive conduct) (unled); see also Liu (No 2) [2019] VSC 638 (security for costs against natural person, constitutional validity) (unled)
- Aaron J Homes Pty Ltd v Short (Supreme Court of Victoria, 2019) (breach of fiduciary duty, accessorial liability) (led by S.D. Hay QC)
- In the matter of Officer Family Health Pty Ltd (Federal Court of Australia, 2019) (interlocutory injunction to restrain call on unpaid share capital) (unled).
- CHEP Australia Ltd v Borgcraft Pty Ltd [2018] VCC 1800 (summary enforcement of settlement terms within proceeding) (unled).
Mitchell has also appeared in and advised on many insolvency related proceedings, including voidable transaction claims, public examinations and bankruptcy matters.
Prior to coming to the Bar, Mitchell was a solicitor for 6 years practising predominantly in insolvency, restructuring and banking and finance litigation.
Mitchell read with Sam Hay QC.
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have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.