Constitutional law:
High Court
- Duties of excise/s 90: Vanderstock v State of Victoria (2023) 98 ALJR 208; [2023] HCA 30 (led by Stephen Donaghue KC, David Thomas SC and Celia Winnett) – acted for the Commonwealth, successfully intervening in proceedings declaring the Zero and Low Emission Vehicle Distance-based Charge Act 2021 (Vic) invalid as a “duty of excise” within s 90 of the Constitution.
- Ch III limits on detention: CZA19 v Minister for Immigration & Anor and DBD24 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] HCA 8 (led by Stephen Donaghue KC and Patrick Knowles SC) – acted for the Minister in successfully resisting a claim that detention during visa processing contravenes a Ch III limit where there is no reasonable prospect of ultimate removal
- Legislative interference with judicial power: Pearson v Commonwealth of Australia (2023) 99 ALJR 110; [2024] HCA 46 (led by Craig Lenehan SC and Zelie Heger SC) – acted for the Commonwealth in a claim relating to legislation that was enacted to overcome the effect of a prior Court decision and a purported interference with both pending and concluded exercises of judicial power.
- Legislative interference with judicial power: C & D v Commonwealth of Australia (A2/2025) (led by Stephen Donaghue KC and Madeleine Salinger) – ongoing
Intermediate appellate courts
- Legislative interference with judicial power: JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 300 FCR 370; [2023] FCAFC 168 (led by Craig Lenehan SC) – successfully acting for the Minister in a claim relating to a purported legislative interference with judicial power and other administrative law grounds.
- Statutory construction and limits on detention: Secretary, Department of Home Affairs v CRS20 [2025] FCAFC 3, and at first instance in [2024] FCA 619 (led by Patrick Knowles SC) – acted for the Minister in a proceeding raising a complex question of statutory construction under the Migration Act 1958 (Cth) and application of the NZYQ limit.
Administrative law:
- Appellate: Ogawa v Australian Information Commissioner [2025] FCAFC 37 (unled) – acted for the successful Finance Minister in resisting an appeal from a decision of the Federal Court in relation to recusal
- Judicial review: Burns & Anor v Chief of the Defence Force [2024] FCA 781 (led by Scott McLeod KC) – acted for the Chief of the Defence Force in judicial review of administrative termination of three RAAF firefighters.
- Statutory construction: Child Support Registrar v CMU23 [2024] FCA 109 (led by Scott McLeod KC) – Acted for the Registrar in relation to an appeal from the AAT on a complex question of statutory construction.
- Judicial review: Rewami v Australian Information Commissioner [2024] FCA 1156 (unled) – acted for the Commissioner in responding to judicial review of decisions in relation to a privacy complaint.
- Judicial review: Brooks v Operator, National Redress Scheme for Institutional Child Sexual Abuse (led by Scott McLeod KC) [2024] FCA 725 – acted for the Operator in the first judicial review application brought in respect of the Redress Scheme.
- Judicial review: TCXM v Minister for Immigration and Multicultural Affairs (NSD 255/25) (led by Patrick Knowles SC and Bora Kaplan) – (judgment reserved) acted for the Minister in responding to the first challenge to a decision under s 76AAA and arrangements with the Republic of Nauru for removal of members of the NZYQ cohort.
General commercial:
- Inspector-General in Bankruptcy v Harnett & Anor [2025] FCA 11 (led by Julianne Jacques KC) – successfully acted in the first ever application brought by the Inspector-General to set aside a Pt X personal insolvency agreement as unreasonable and not in the interests of creditors.
- Cook v Alderson & Anor [2025] QSC 26 (unled) – acted for the defendants to a constructive trust claim relating to significant improvements to residential property.
- Angus v Polites & Firgaira Property Pty Ltd [2024] QCAT 600 (unled) – acted for the successful defendant and counter-claimant responding to a $750,000 claim for breach of commercial tenancy agreement and under the Retail Shop Leases Act 1994 (Qld).
- Australian Golf Management Corporation v Logan City Council (BS 5779/19) (led by Damian Clothier KC, Stewart Webster KC and Emma Hoiberg) – Acted for the Council in responding to a high value trespass and breach of statutory duty claim relating to the installation of a sewerage pipeline through a golf course.
- Lan Keperra Pty Ltd v Frasers Property Keperra (BS2118/23) (led by Gareth Beacham KC and Stewart Webster) – Acted for Frasers in a commercial contract dispute as to whether Frasers had utilised “best endeavours” to achieve a planning outcome.
- Americold Australian Holdings Pty Ltd v Lago Cold Stores Ltd (NSD 363/2023) (led by Stewart Webster) – Acted for Lago Cold Stores in a commercial contract dispute relating to the condition of cold storage racking sold pursuant to an Asset Purchase Agreement.
- In the Matter of IG Power (Callide) Ltd (Administrators Appointed) (ACN 082 413 885) (led by John McKenna KC) – Acted for the Honourable Michael de Brenni MP, the Minister for Energy and Clean Economy Jobs, responding to a summons to give evidence at a public examination.
- Graham v MacNamara Group Pty Ltd (BS 1190/24) (unled) – acted for the defendant to a claim for a constructive trust relating to significant improvements to residential property.
- Confidential expert determination (led by Nuala Simpson and Jayleigh Sargent) for the head landlord against a prospective tenant in relation to a high value construction project in New South Wales
Advice work:
Michael has advised corporate and government clients in diverse fields including bankruptcy and insolvency, general commercial, contract, equity and trusts (including charitable trusts), native title and statutory construction.