Michelle regularly acts for and advises government clients in merits review, judicial review and appellate proceedings involving challenges to decisions made by Ministers, their delegates, and administrative tribunals.
Michelle specialises in public and administrative law advice and litigation. She regularly represents Commonwealth and State government clients in high volume litigation concerning administrative decisions made under a range of statutory schemes. Michelle is a trusted adviser to government and is recognised for her ability to provide frank and realistic advice about litigation risks, case strategy, the arguments available to defend problematic decisions, and the likelihood of adverse outcomes.
Michelle frequently appears as a solicitor advocate and instructs Senior and Junior Counsel at contested hearings in the NSW Civil and Administrative Tribunal, Administrative Review Tribunal, Federal Circuit and Family Court of Australia (Division 2) and Federal Court of Australia (including the Full Federal Court).
Michelle holds a baseline security clearance.
Experience
- Representing the Minister for Immigration in hundreds of merits review, judicial review and appellate proceedings in the Administrative Review Tribunal, Federal Circuit and Family Court and Federal Court (including the Full Federal Court) in relation to visa refusal and cancellation decisions made under the Migration Act 1958 (Cth) and citizenship refusal decisions made under the Australian Citizenship Act 2007 (Cth).
- Representing the Commissioner of New South Wales Police Force and appearing as solicitor advocate in merits review proceedings in the NSW Civil and Administrative Tribunal concerning firearms licence decisions made under the Firearms Act 1996 (NSW).
- Representing the Minister for Foreign Affairs in merits review proceedings in the Administrative Review Tribunal concerning decisions made under the Passports Act 2005 (Cth).
- Advising Commonwealth government agencies on alleged breaches of the Legal Services Directions 2017 (Cth) and preparing Office of Legal Services Coordination notifications.
- Advising Commonwealth government clients on privacy and information sharing issues, including data collection, obtaining consent from minors, and responding to subpoenas in light of information protection provisions in legislation including the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth).
- Representing the Office of the Australian Information Commissioner in merits review proceedings concerning decisions made under the Freedom of Information Act 1982 (Cth) and Privacy Act 1988 (Cth) and in judicial review proceedings in the Federal Court of Australia commenced under the Administrative Decisions (Judicial Review) Act 1977 (Cth).
- Undertaking a secondment at the Department of Home Affairs following the introduction of Division 395 of the Criminal Code Act 1995 (Cth).