Michael Maconochie

Senior Associate

Qualifications: LLM, LLB, BBusMan

Practices

Michael holds a Master of Laws from the University of Queensland which primarily focused on Dispute Resolution and Intellectual Property Law. Michael practices in commercial litigation with a primary focus on insolvency and restructuring. Michael has provided advice to, and acted in litigation for, listed and small to medium-sized corporations, company directors, liquidators and trustees in bankruptcy. Michael’s most recent experience involves advising on corporate workouts, prosecuting and defending voidable transaction claims and advising on insolvency practitioners' remuneration reviews.

Michael has also acted for: private financiers in enforcing securities, asset and debt recovery and loss minimisation; registered training organisations in maintaining compliance for government funding; small to large businesses across a variety of industries in respect of general contractual disputes and consumer-protection litigation.

Experience

  • Acted for the directors of a company in a dispute, relating to misleading and deceptive conduct, arising after the sale of their business for $90million and achieving a pre-trial settlement at mediation.
  • Acted for liquidators funded and aided by the Attorney General’s Department in various matters to recover funds paid under the Fair Entitlements Guarantee Scheme.
  • Acted for the liquidator in the Full Court of the Federal Court of Australia in Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufacturers Pty Limited [2021] FCAFC 228 involving a complex analysis of insolvency law (this matter is currently on appeal to the High Court of Australia).
  • Acted for foreign liquidators for recognition of a foreign liqudation proceeding by the Australian Courts under the United Nations Model Law on Cross-Border Insolveny.
  • Attended a number of settlement conferences and mediations with a view to reaching, and often obtaining, a commercial resolutions of litigious matters.
  • Acted for several large companies in commerical and property disputes.

Professional Membership

  • Committee member, Turnaround Management Association NextGen
  • Australian Restructuring Insolvency and Turnaround Association