Current practice

Michael is the head of Freehills’ Insurance Solutions and Product Liability practices.

Michael is a commercial litigator who has successfully represented clients involved in some of Australia’s largest disputes, as well as various pieces of major commercial litigation and front end corporate advice work.

His areas of expertise include corporate insurance and risk (including indemnity, policy interpretation and legal risk management), directors and officers issues, mass torts, negligence and class actions, product liability and regulatory issues (especially concerning the financial services industry), insurance and risk solutions for major projects and transactions, plus alternative dispute resolution.

Industry experience

Michael has acted both as a solicitor and barrister in commercial litigation and insurance disputes before the State Supreme and Federal Courts of Australia.

Michael principally acts for corporate insureds, as well as select insurers. 

Michael’s understanding of the insurance industry, as well as insurers’ businesses, means he can provide effective commercial insurance advice to his corporate clients and the insurance industry.

He has advised some of Australia’s best-known organisations, including a number of ASX top 20 companies, as well as having represented clients involved in some of Australia’s largest and most complex corporate collapses, crisis’ and disasters. Of these, the following recent examples have been reported upon publicly:

• HIH Insurance Ltd—Michael led the Freehills’ legal team which represented the directors’ and officers’ insurers of the HIH Group, a role which included representing the Chairman before the HIH Royal Commission, as well as other regulatory and litigation proceedings arising out of what is reported to be Australia’s largest corporate collapse.
• United Medical Protection—Michael acted on behalf of the provisional liquidator of UMP, both in the successful negotiation of a bail out package from the Commonwealth Government and the rare result in which UMP traded out of provisional liquidation.
• Air Services Australia—Michael advised and represented the Board of Air Services Australia in relation to the reform of air space in 2004 and the unsuccessful challenge by other parties concerning this reform.
• Jackson (James Hardie) Inquiry—Michael led the defence team which represented the actuaries in the inquiry, as well as related regulatory and other proceedings concerning the asbestos funding crisis. 
• Moomba Gas Explosion—Michael represented and advised Santos in relation to the 2004 explosion which affected gas supplies throughout the eastern states and the successful payout by its insurers. 
• Lend Lease—Michael regularly advises and represents the Lend Lease group of companies in relation to insurance, risk transfer and liability issues, including the Thredbo disaster.
• Eraring Energy—advice on insurance and legal risk issues for the board and corporation, staff training, plus legal risk management and insurance program initiatives.

Professional background

Michael is a past national director and WA Chairman of the Australian Insurance Lawyers Association (AILA) and current national director and Chair of LEADR (Association of Dispute Resolvers). He is also a board member of the RAND Corporation’s Institute for Civil Justice Board, as well as a member of the Federation of Insurance and Corporate Counsel and update author of the 'Negligence' chapter of The Laws of Australia.

Michael is a visiting Fellow and lecturer at the UWA Law School. He has given numerous presentations in Australia and overseas and has had many papers published in his fields of legal practice.

Michael worked in London in 1983 and 1984, as well as studying insurance law at London University. He spent six months seconded to a Lloyd’s insurance broker and underwriter and obtained practical experience in insurance and the Lloyd’s market.

Qualifications

Michael holds a Bachelor of Jurisprudence and a Bachelor of Laws from the University of Western Australia and a Master of the Science of Law from Stanford University.

He has also completed an Advanced Negotiation course at Harvard University and is an accredited mediator of LEADR and the Supreme Court of Western Australia.

Freehills are consistently ranked as one of Australia’s leading insurance law firms by local and independent legal guides. In the latest edition of Legal Profiles and the 2004/2005 edition of Asia Pacific Legal 500, Michael was either listed or described as having 'a reputation as one of the best insurance lawyers in the country'.  He is also listed in the 2004/2005 edition of Global Counsel 3000 as a 'leading individual' in insurance and litigation.