Michael O'Brien

Michael O'Brien BA, Dip. Crim, LLB, LLM
Partner
Phone: +61 3 8600 6050
Email:

Team

Michael is a partner with Aitken Partners. Clients benefit from Michael’s insights into workings of large public sector organisations and skill in resolving disputes.

His current practice involves a variety of dispute resolution work involving mediation, arbitration, complex negotiations and conducting large commercial cases in the Supreme and Federal Courts. He has represented parties in informal dispute resolution processes and conducted proceedings in a broad range of jurisdictions, including acting for overseas clients with business interests in Australia and disputes involving cross-border issues.

Michael also has considerable experience in competition and consumer protection law matters under the Trade Practices Act 1974 and State based legislation.

Administrative Law

Prior to working in private practice Michael was a senior lawyer in the Commonwealth Attorney-General’s Department (Australian Government Solicitor ) for a number of years, where he acted for a variety of government departments, including the Australian Consumer and Competition Commission (and its predecessor the Trade Practices Commission), the Australian Taxation Office, Department of Health, Insolvency Trustee Service Australia and the Department of Defence. Much of his work involved representing the Commonwealth Government in legal proceedings as well as providing advice on Commonwealth legislation.

During his time with the Commonwealth Michael’s work included:

  • frequently conducting proceedings for breaches of Commonwealth legislation, especially in relation to breeches of the Trade Practices Act
  • chairing two evaluation committees, on behalf of Australian Defence Force, to ensure all requirements were met, including probity of process, for large outsourcing contracts in Far North Queensland and Albury Wodonga.

General Commercial Law

Michael advises a number of individuals and companies on matters of law, including:

  • the Fair Trading Act
  • the Trade Practices Act 1974, including:
    • misleading and deceptive conduct, unconscionable conduct and other consumer protection matters
    • complex anti-competitive conduct and competition law matters, including under part IV of the Act
    • preparing trade practices compliance programs and conducting training
    • negotiating and providing representation before the ACCC
  • providing pre-emptive advice regarding risk exposure and risk management to companies
  • compliance with the Corporations Act and the ASIC Act, directors’ duties and obligations, and responding to ASIC investigations and prosecutions
  • auditing failure and advising on professional negligence
  • investigating fraud and asset/debt recovery

Insolvency

  • Michael has extensive insolvency experience including representing insolvency practitioners (trustees, administrators, receivers, liquidators), and other clients on a broad range of personal and corporate insolvency matters including:
    • enforcement and defence of creditors petitions (winding-up and bankruptcy)
    • setting aside Statutory Demands
    • voidable preferences and insolvent trading claims
    • implementation and administration of Voluntary Administration and Deeds of Company Arrangement/ Part X Arrangements
    • general insolvency administration issues including proof of debt claims under the Corporations Act and the Bankruptcy Act
    • termination of Bankruptcy/Winding Up

General Litigation

Michael provides advice and represents parties in court appearances and dispute resolution processes, including:

  • representing parties in contractual disputes including banking agreements, professional indemnity and other insurance claims, debt recovery, breach of contract, breach of confidentiality agreements and partnership disputes
  • consumer protection litigation and competition law matters arising under the Trade Practices Act, the Fair Trading Act and other related legislation.

Most recently, Michael has been engaged in running a number of large matters in the Supreme Court for various overseas clients. These cases involve complex financial transactions, fraud by company officers and insolvency issues

Michael recently settled a multi-million dollar negligence claim for a large overseas client against a major accounting firm.

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