MICHAEL HEATON QC

Bar Roll – 11th Sept 1975 
Admitted – 1st Mar 1972

Phone – (03) 8600 1766
Mobile – 0412 087711 Pager: 7711
Email – heaton@chancery.com.au
Chamber – Floor 26, Building Chancery

MICHAEL HEATON QC

Bar Roll – 11th Sept 1975 
Admitted – 1st Mar 1972

Phone – (03) 8600 1766
Mobile – 0412 087711 Pager: 7711
Email – heaton@chancery.com.au
Chamber – Floor 26, Building Chancery

Admitted to practice in

  • Victoria
  • New South Wales
  • Western Australia
  • South Australia
  • Queensland
  • Northern Territory
  •  Tasmania
  • Australian Capital Territory
  • Federal Jurisdictions

Area of Law

  • Administrative Law
  • Arbitration
  • Banking and Finance
  • Bankruptcy/Insolvency
  • Building and Construction Law (Incl Engineering)
  • Commercial Law
  • Common Law
  • Contract
  • Corporations (Company) Law
  • Credit Law
  • Disciplinary & Related Tribunals
  • Equity and Trusts
  • Health Act and Related Prosecutions

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  • Insurance Law
  • Intellectual Property
  • Leases : Commercial and Retail Tenancies
  • Local Government
  • Mediation : Accredited Mediator
  • Probate/Wills/Family Provision
  • Professional Negligence
  • Property Law/Sale of Land
  • Public Liability
  • Securities Commission
  • Sports Law
  • Superannuation
  • Town Planning
  • Trade Practices

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About

In recent years Michael has practised in a broad range of areas including, commercial, corporations, trade practices, sale of land, mortgages, landlord and tenant, professional negligence, equity, constructive trusts farming disputes, testators family maintenance, building and construction, administrative law and town planning.

Michael is a fellow of the Chartered Institute of Arbitrators (UK) and an Associate of the Institute of Arbitrators and Mediators Australia.

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He is an accredited adjudicator under the Building and Construction Industry Security of Payment Act (2002) (Vic) as amended.

Michael is a nationally accredited mediator and a Victorian Bar Accredited Advanced Mediator. He is on several panels including the panel of Franchised Dispute Mediators under the Franchise Code.

Leading cases in which he has been involved include:

    • Hill v. Rose (1990) VR 129 (Fiduciary obligations, equitable compensation)
    • Commonwealth Bank of Australia v. Friedrich & Ors (1991) 5 ACSR 115 (Corporations ヨ Directors Liabilities)
    • Vassos v. The State Bank of South Australia [1993] 2 VR 316 (indefeasibility of title)
    • Australian Horizons (Vic) Pty Ltd v. Ryan Landco Pty Ltd [1994] 2 VR 463 (SS6 and 14 Sale of Land Act)
    • Beatty v. ANZ Banking Group [1995] 2 VR 301 (fraudulent registration of mortgage)
    • Constante v. City of Prestion (1994) 1 VR 379 (Local government, discontinuance of road)
    • Karenlee Nominees Pty Ltd v. ACN 004312234 Ltd (1995) 8 ANZ Ins Cases 61 ヨ 236 (insurance)
    • HG & R Nominees Pty Ltd v. Fava [1997] 2 VR 368; (1995) v. ConvR 54-522 (enforcement of mortgage, mortgagor”s defences)
    • Baker v. Microdos Computers Aust Pty Ltd (in liq) (1996) 20 ACSR 148 (corporations void dispositions)
    • Monty Financial Services Ltd v. Delmo [1996] 1 VR 65 (removal of administrator)
    • Corio Bay & District Private Hospital NH Pty Ltd v. The Minister & Others (1998) 157 ALR 181 (private nursing home Aged Care Act 1997, allocated places, landlord and approved provider)
    • Ali v. Hartley Poynton Ltd [2002] VSC 113 (to late March 2001) (Stockbroking ヨ Professional Negligence)
    • Apriaden Pty Ltd v. Seacrest Pty Ltd (2005) 12 VR 319 (Landlord & Tenant repudiation)

 

    • Wayne Terry Kerr v. J. P & M (Billabidgee) Pty Ltd & Ors [2006] NSWSC 1044 (Trusts, constructive trusts proprietary estoppel family farming enterprise)

Michael has also appeared in hearing before the Australian Securities Commission including S600 CL hearings

Michael also has extensive experience in matters relating to private nursing home operations; ie validations, prosecutions, administrative appeals.

Given his experience and interests he is willing to practice in most areas.

Michael chairs the Dispute Resolution Committee of the Victorian Bar.

He is the author of the Guarantee & Indemnity Section of Lexis Nexis Court Forms and Precedents Victoria.

He is on the Board of Methodist Ladies College. He is Chairperson of the Human Research Ethics Committee for the Inter Church Trade & Industry Mission Australia Inc. and the Christian Research Association. He was a resident representative on the City of Boroondara West Hawthorn Urban Design Framework Committee.

“Liability limited by a scheme approved under Professional Standards Legislation”

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