Mitchell Waters

LLB (Hons), BA (Hons)

Senior Associate - Melbourne

Areas of Expertise

Dispute Resolution & Litigation, Corporate Restructuring and Insolvency

Contact Mitchell

+61 3 9321 9736 mitchell.waters@holdingredlich.com Connect

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

22 Mar 22 to 09 Nov 22

Major projects seminar series 2022

In this seminar series, we look at the opportunities and issues for major infrastructure projects across a range of sectors, including health, housing and new energy. This seminar series is being offered in our Brisbane office and online. Registration for this seminar series is complimentary and now open.

Register now

07 Apr 22 to 10 Nov 22

National ports program 2022

More than ever, ports are vital nodes for an increasingly complex web of international trade and supply chains. Ports have become an increasing focus for security, environmental and competition regulation and their role and efficiency within global supply chains is being scrutinised by governments and industry alike. At the same time, ports find themselves at the forefront of the development and facilitation of alternative energy sources, often literally acting as the gatekeepers for the inflow of such technology and projects into Australia or out to the rest of the world. This series will look at how Australian ports might navigate these challenges and opportunities in 2022.

Register now

10 May 22 to 29 Nov 22

Queensland local government seminar series 2022

Holding Redlich is pleased to invite you to our 2022 Queensland local government seminar series which we have tailored specifically for mayors, councillors and Queensland local government employees including lawyers, town planners and compliance officers. These seminars will offer you insights, updates and practical tips from our experts on topics which we consider to be particularly relevant for local governments.

Register now

Holding Redlich respectfully acknowledges the Traditional Owners of the land on which we operate as the continuing custodians of this land. We recognise their continuing connection to Country, practices, knowledge systems and communities. We pay our respects to Elders, past and present.