Profile Details
Michael 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 Cases
Dispute 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 Work
Since 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
