BA (Hons) LL M
Areas of Practice:
- Banking and Finance
- Commercial Law
- Common Law / Per Inj
- Coronial Inquests
- Corporations (Company) Law
- Criminal Law
- Employment / Industrial Law
- Equity & Trusts
- Family Law/De Facto
- Family/Defacto Property Disputes
- Immigration / Refugee Law
- Insurance Law
- Public Liability
- Retail / Residential Tenancies
- Trade Practices
- Transport Accident Commission
Profile DetailsMichael has practised as a barrister at the Victorian Bar since 1995. He has appeared in all jurisdictions (both Federal and State), in both Trials and Appeals, in commercial, common law, family and criminal matters. Michael has particular expertise in corporate and commercial disputes and issues affecting businesses, such as:
• Minority shareholding proceedings.
• Winding up proceedings.
• Commercial arbitrations and mediations.
• Commercial leasing disputes
• Partnership disputes.
• Disputes involving service providers (eg. telecommunications, logistics, transportation, promotional and marketing services).
• Sale of business disputes.
• Sale of land disputes.
• Trade Practices issues.
• Corporations law issues.
• Proceedings involving securities.
• Taxation issues.
• Primary industry issues.
• Building disputes.
Current/Recent CasesDispute over a franchising agreement with respect to the construction of and territory governed by that franchising agreement (most of Queensland) with restraint of trade issues involved. Claims with respect to misleading and deceptive conduct associated with business acquisitions, one involving an international clothes manufacturer/retailer and their Australian distributor and one involving a financial advisory business. A claim by a number of franchisees for misleading and deceptive conduct against a company and its director with respect to a large US fast food restaurant chain and its unsuccessful entry into Australia. Numerous retail leasing disputes involving construction and rectification. A number of minority shareholder oppression claims with regard to an assortment of businesses (ie construction and advertising businesses). Litigation over the use of the drug Vioxx (Merck and Co Inc) in Australia with approximately 300 clients. Disputes over joint ventures/trust companies/breach of fiduciary duty. Numerous company winding up proceedings with respect to various sized debts. A number of proceedings with respect to financial institutions enforcing their security over land. Proceedings involving manufacturer's liability (eg faulty physiotherapy equipment causing serious electric shock to patient).
Published WorkSince 2007 Michael O'Connor has been the writer for the Lexis Nexis (incorporating Butterworths) fortnightly Corporations Law Bulletin. The fortnightly Butterworths Corporation Law Bulletin provides updates on changes to Australian Corporations Law and related topics such as executive remuneration, tax treaties, financial markets regulation, banking and insurance regulation, consumer credit, insolvency, takeovers, financial services licences and trade practices issues. It also updates on the following regulatory authorities:
• The Australian Securities and Investments Commission.
• The Australian Prudential Regulation Authority.
• The Takeovers Panel.
• The Australian Accounting Standards Board.
• The Auditing and Assurance Standards Boars.
• The Productivity Commission.
• The Corporations and Markets Advisory Commission.
Since 2007 Michael has also updated the Australian Corporations Legislation which is published annually by LexisNexis.
Liability Limited by a scheme approved under Professional Standards Legislation