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Mitchell Waters

LLB (Hons), BA (Hons)

Senior Associate - Melbourne

Areas of Expertise

Dispute Resolution & Litigation, Corporate Restructuring and Insolvency

Expertise

Mitch is a Senior Associate in the Melbourne Dispute Resolution and Litigation practice group. He has managed matters to judgment across the Victorian and Federal Courts.

Mitch has an in-depth understanding of court processes and procedure from his time as a judicial associate at the Supreme Court of Victoria.

At the Court, Mitch developed a keen interest in insolvency and in 2018 he consolidated his knowledge by obtaining the Advanced Certification in Insolvency through the Australian Restructuring, Insolvency and Turnaround Association (ARITA).

Mitch has advised a wide range of clients including large corporates, company directors, external administrators and private individuals and as such is uniquely placed to be able to provide tailored legal solutions.

Alternative dispute resolution is an important part of Mitch’s practice and he is well versed in using ADR processes to encourage early settlements where appropriate.

Experience

Mitch’s experience includes:

Commercial Disputes

  • acting for directors and officeholders in relation to disputes regarding breaches of fiduciary duties and shareholder oppression claims. 

Insolvency

  • advising receivers, administrators and liquidators on recovery actions and obtaining orders for remuneration on behalf of a liquidator.

Property & Real Estate

  • representing Australia’s largest retail and commercial landlords in litigious disputes and resisting applications made against them by external administrators
  • acting for an acquiring authority on all aspects of the compulsory acquisition of land.

Publications

17 January 2022 - Knowledge

Statutory set-off no longer a defence to an unfair preference claim

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation

The Full Federal Court has confirmed that a creditor of an insolvent company cannot rely on set-off under section 553C of the Corporations Act 2001 (Cth) in response to an unfair preference claim.

17 November 2021 - Knowledge

Plausible or patently feeble? Default clause a penalty, statutory demand set-aside

#Corporate Restructuring and Insolvency

A recent decision of the Supreme Court of Victoria provides guidance on the drafting of settlement terms and a reminder of the low bar to establishing a genuine dispute under section 459H of the Corporations Act 2001 (Cth).

05 May 2021 - Knowledge

Insolvency reforms cause permanent increase to the statutory demand threshold

The Federal Government has foreshadowed further changes to Australia’s insolvency laws. These changes build on the raft of measures introduced over the previous year.

Upcoming Seminars