Michelle practises broadly across commercial, administrative, and wills and estates law, appearing regularly in both Victoria and Western Australia. She practised at the Victorian Bar from 2019 and has been a member of the Western Australian Bar since 2024, dividing her practice between the two states. Michelle appears regularly in the Supreme Court of Western Australia and the State Administrative Tribunal, as well as the Supreme Court of Victoria, VCAT, the Magistrates’ and County Courts, the Federal Court, and the Federal Circuit and Family Court of Australia. She has also appeared as junior counsel in public hearings before IBAC.
Michelle has developed a particular focus on wills and estates, trusts, equity and family provision claims. She is listed as a leading junior counsel in Doyle’s Guide for Wills & Estates Litigation Barristers in Western Australia (2025), and as a recommended junior counsel in Doyle’s Guide for Leading Wills & Estates Litigation Barristers in Australia (2025). She regularly presents seminars to solicitors as part of their continuing professional development, on topics including will drafting with ethics in mind, undue influence and unconscionable conduct, equitable claims, conflicts of interest, burial disputes, and family provision claims by grandchildren and minors.
Michelle also has a particular interest in competition and consumer law, and has advised the Australian Energy Regulator and the Australian Energy Market Commission in relation to energy regulation.
Michelle holds a Bachelor of Commerce (Honours) from the University of Western Australia, where she also lectured in marketing and consumer behaviour, and a Bachelor of Laws (Honours) from Monash University.
Michelle read with Christian Juebner KC, and her senior mentor is Jason D Pizer KC.
Publications
By instalment (2021) 95(11) Law Institute Journal 30.
Conference and seminar presentations
Various CPD seminars for WA solicitors on wills and estates topics, including equitable claims, conflicts of interest, burial disputes, and family provision claims by grandchildren and minors
Undue Influence and Unconscionable Conduct, 2021 (Leo Cussen)
Loss of Opportunity - Nuances in Proving Your Case, 2022 (with C Madder)
Will Drafting with Ethics in Mind, 2020 (with C Sparke KC)
Selected Cases
Wills, Estates and Trusts Matters – Western Australia
Chia v Chia [2025] WASC 499 – application for revocation of probate and removal of executor, acted for the successful defendant.
JB v PRN [2024] WASC 219 – burial dispute, acted for the successful plaintiff.
Advising and appearing in relation to executor removal, probate applications in common and solemn form, appropriation applications, passing of accounts applications, and applications relating to the disposal of a deceased’s body. Advising in relation to trust deeds and acting in claims involving resulting and constructive trusts, and undue influence. Advising and appearing in the State Administrative Tribunal in respect of applications under the Guardianship and Administration Act.
Wills, Estate and Trusts Matters – Victoria
Acting for the defendant, executor, in testator family maintenance claims in both the County Court and Supreme Court of Victoria. Advising in relation to grants of probate, family provision claims, trust claims, undue influence claims, and statutory wills.
Energy and Regulatory Matters
Australian Energy Regulator v Hornsdale Power Reserve Pty Ltd [2022] FCA 738 – penalty judgment regarding breaches of the National Electricity Rules, led by James Arnott SC.
Dover Financial Advisers Pty Ltd v ASIC (unpublished 16 September 2022) – acting for the applicant in a preliminary discovery application, led by A Panna KC.
Commercial Matters
Breach of contract – acting for a purchaser in relation to a sale of land transaction, led by A Panna KC; acting for a lender in relation to an unpaid loan; advising in relation to frustrated contracts; advising in relation to potential claims for breach of contract.
Caveat removal proceedings in the Victorian Supreme Court.
Magistrates’ Court
Acting for applicants and respondents in re-hearing applications. Acting for plaintiffs and defendants in contract disputes. Acting for the plaintiffs in debt recovery proceedings. Advising in relation to potential claims for breach of contract and breach of the Australian Consumer Law.
VCAT
Building and Property List – acting for applicant tenant in successful claim under the Retail Leases Act 2003.
Moon v CMG Automotive Pty Ltd (Civil Claims) [2021] VCAT 1335 – Civil Claims List, acting for the applicant in an Australian Consumer Law claim.
De Jonk v Aumeca Owners Corporation Pty Ltd (Owners Corporations) [2020] VCAT 1439 – Owners Corporation List, acting for respondent owners corporation manager, led by C Truong KC.
Owners Corporation List – acting for owners corporations in relation to fee recovery.
Do v Registrar of Births, Deaths and Marriages (Costs) (Review and Regulation) [2021] VCAT 942; Do v Registrar of Births, Deaths and Marriages (Review and Regulation) [2021] VCAT 1125 – acting for the second respondent in relation to a review of a decision of the Registrar of Births, Deaths and Marriages.
Professional Memberships
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister’s clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.
Congratulations to Michelle Bennett on being recognised by Doyles as ‘Leading Wills & Estates Litigation Junior Counsel – Western Australia 2025’. Well done Michelle!
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