Michael O’Brien is a dispute resolution and business lawyer who also advises on insolvency where he is well known as one of only a handful of lawyers with experience in both personal (bankruptcy) and corporate insolvency.
His practice also involves a variety of litigation and dispute resolution work involving partnerships, governance, directors’ duties and all manner of other business issues. His approach involves 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 has more than 25 years’ experience working with liquidators, administrators, trustees in bankruptcy, Australian Financial Security Authority and other insolvency professionals. He also has significant experience in business law and litigation.
His advice covers company structures and shareholder agreements, contract law, terms of trade (both domestic and international), IP protection and issues of solvency, such as:
Michael also has significant experience in the administration of the Bankruptcy Act 1966, which includes acting for the Official Trustee in Bankruptcy, the Inspector General in Bankruptcy, registered trustees as well as persons facing bankruptcy or persons who have become bankrupt. His experience includes assisting and advising trustees in relation to asset recovery investigations and other matters, and commencing and defending legal proceedings.
Michael’s business clients operate in a wide variety of industries, from maritime and bulk storage to consumer electronics and not-for-profits. He also has substantial experience advising for, or working with, government authorities such as the Australian Tax Office (ATO), Australian Financial Security Authority (AFSA) and the Australian Consumer Competition Commission (ACCC).