Michael Joseph has more than 20 years’ experience in commercial litigation: advising banks, financial institutions, insolvency practitioners and private clients on a wide range of litigious matters.
As a LEADR trained mediator, Michael is committed to alternative dispute resolution. Combined with his extensive litigation experience, Michael not only maximises his clients’ position through the Court process, but also understands the costs and reputation risks associated with litigation.
Michael was the Managing Partner and Executive Chairman of Kemp Strang Lawyers (which joined Thomson Geer in October 2018) and has been the President of The Lakes Golf Club for four years. That invaluable leadership experience helps Michael to understand the broad range of issues that affect his clients and their businesses: and helps him to identify the solutions and the best way to achieve them.
Michael has recently been recognised by his peers as one of the Best Lawyers in Australia (2020) for Insolvency and Reorganisation Law.
Michael Joseph’s recent experience includes:
- Advising a large Australian bank in relation to the appointment of receivers and successfully defending the bank in a related dispute with a group of customers that claimed the bank had breached the Privacy Act. This matter included successful proceedings in the Supreme Court against a number of parties seeking orders for possession and a trial and a subsequent appeal heard by the NSW Court of Appeal.
- Advising parties to a shareholder dispute in relation to a company that distributes a market leading health product. This matter included an application to the Supreme Court to appoint receivers, a five day Supreme Court trial where the Court determined in favour of his clients that partly executed shareholder and licence agreements were enforceable, and proposing and documenting a deed of company arrangement that was accepted by creditors and resulted in his clients regaining control of the business.
- Defending a representative (class) action in the Federal Court on behalf of a major finance company.
- Successfully dealing with a third-party asset preservation order for the margin lending business of a ‘four pillar’ bank.
- Acting for Voluntary Administrators of an ASX-listed mining services company with operations throughout Australia and overseas. Advising the Administrators on a range of issues including a Deed of Company Arrangement, creditor’s trust, dealing with offshore subsidiaries, seeking a declaration that the appointment was valid and the sale of the listed shell