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Mitchell Waters

LLB (Hons), BA (Hons)

Senior Associate - Melbourne

Areas of Expertise

Dispute Resolution & Litigation

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

25 September 2020 - Knowledge

Sweeping changes to insolvency laws proposed

#Corporate restructuring

Wide-ranging reforms to Australia’s insolvency regime will commence on 1 January 2021. We outline some of the key features under the new scheme and regulatory requirements for insolvency practitioners.

07 September 2020 - Knowledge

Treasury confirms insolvency safeguards extended

#Corporate restructuring, #Dispute Resolution & Litigation

Insolvency and bankruptcy protections slated to conclude in September have been extended until 31 December 2020.

25 August 2020 - Knowledge

‘From the company’ – can a third party payment be a preference?

#Corporate restructuring, #Dispute Resolution & Litigation

A recent Victorian Court of Appeal decision clarifies when payments from a third party to a creditor can be considered a payment ‘from the company’ and thereby potentially voidable as a preference.

12 August 2020 - Knowledge

Changes to the regulation of third party litigation funding – insolvency practitioners should take note

#Corporate restructuring, #Dispute Resolution & Litigation

Funding schemes for corporate insolvencies could be subject to increased regulation if they fail to fall within an exempted category.

22 July 2020 - Knowledge

Landlords win the right to claim rent as an expense of administration

#Corporate restructuring, #Dispute Resolution & Litigation, #Property & Real Estate

The Federal Court has provided important guidance for landlords on the operation of the priority regime in s556(1)(a) of the Corporations Act 2001 (Cth).

24 March 2020 - Knowledge

Immediate injunctive relief during the shutdown period

#Dispute Resolution & Litigation, #COVID-19

Historically, times of wide-spread financial stress can increase the chance that decision-making by your commercial counterparties may be more inwardly focused, lacking consideration for your commercial interests and legal rights. This may lead to a requirement to bring or defend legal action urgently to protect your own interests by seeking orders for immediate injunctive relief.

23 March 2020 - Knowledge

COVID-19 response: Changes to insolvency laws

#Corporate restructuring, #Dispute Resolution & Litigation, #COVID-19

The increasing spread of COVID-19, and now the unprecedented measures being taken by governments to slow that spread, is having and will continue to have a significant impact on economies around the globe, including Australia. As the situation has not been seen before, it is difficult for businesses and individuals to plan ways to limit the impact on their ability to continue trading – and pay their debts. In recognition of the unique challenges facing businesses today, the Australian Government has responded by acting to relax laws relating to insolvency.

06 November 2019 - Knowledge

Insolvent pharmacy: New powers for external administrators

#Corporate restructuring, #Dispute Resolution & Litigation

Recent amendments brought about by the National Health Amendment (Pharmaceutical Benefits) Bill 2019 (Cth) allow for the supply of pharmaceutical benefits by approved pharmacies under the Pharmaceutical Benefits Scheme (PBS) to continue following external administration or bankruptcy.

06 December 2018 - Knowledge

Dire hire triangle: Court considers hire charges for CHEP pallets in messy situation

#Transport, Shipping & Logistics

A recent decision of the County Court of Victoria has confirmed the importance of proper maintenance of CHEP accounts.

27 November 2018 - Knowledge

Insolvency: Year in review

#Corporate restructuring, #Dispute Resolution & Litigation

Significant insolvency legislative reforms were introduced in 2017. One year on, we assess what changes, if any, these reforms have had on the insolvency market in Australia.