Michael Mitchell Email & Phone Number

Sydney, Australia

I am excited to be joining Keypoint Law as a Principal Consultant. The business model has been proven over more than a decade of successful commercial legal practice by our parent firm, Keystone Law in London. It eliminates duplication and unnecessary overheads, resulting in extremely cost-effective personal service from senior lawyers "who have come from the country’s most respected law firms and in-house teams”. In providing clients with sound strategic advice, I will continue to bring together aspects of law as diverse as international trade, insurance, contract negotiation, corporate governance, employment, intellectual property, consumer regulation, financial services law and dispute resolution. This includes the management of large and complex insurance and commercial litigation, and international arbitration

Sydney, Australia

Strategic approach to clients' issuesIn providing clients with sound strategic advice, I bring together aspects of law as diverse as international trade, insurance, contract negotiation, corporate governance, employment, intellectual property, consumer regulation, financial services law and dispute resolution. This includes the management of large and complex insurance and commercial litigation.My work at Curwoods is set out in four sections below:• Insurance litigation and advisory (see section A. below)• Commercial dispute resolution (see section B. below)• Commercial transactions and compliance (see section C. below)• International/cross-border practice (see section D. below)Business developmentI played a prominent role in the firm's marketing activities, including conceiving and setting up the firm's Commercial Newsletter, visiting clients and colleagues in Europe at least once per year, and formulating and presenting seminars on the Fair Work Act, Privacy Act, Australian Consumer Law, Doing Business in Australia and the Personal Property Securities Act. These seminars were presented in conjunction with bodies such as the Italian Chamber of Commerce and Industry, the Australian British Chamber of Commerce, the Swedish and Finnish Chambers of Commerce and Grant Thornton Australia. I also presented to the Insurance Institute of London in September 2014 on "The role of insurance in the protection of reputation against unreasonable litigation". MentoringI have enjoyed the opportunity to assist and inspire other lawyers and to learn from them in turn. My door is always open to colleagues. "οὐ γὰρ ὡς ἀγγεῖον ὁ νοῦς ἀποπληρώσεως ἀλλ' ὑπεκκαύματος μόνον ὥσπερ ὕλη δεῖται ὁρμὴν ἐμποιοῦντος εὑρετικὴν καὶ ὄρεξιν ἐπὶ τὴν ἀλήθειαν." Plutarch, Moralia 48("The correct analogy for the mind is not a vessel that needs filling, but wood that needs igniting — no more — and then it motivates one towards originality and instils the desire for truth.")

Sydney, Australia

A. Insurance litigation and advisory work at Curwoods LawyersAdvising Australian, London and other overseas insurers, underwriters and agents, as well as insured commercial entities, on policy cover including insurance policy interpretation, liability, directors'​ and officers', professional indemnity, marine and aviation cargo and risk, employment practices liability, public liability, extensions, rights of interested parties, failure to disclose, reinsurance issues and risk management. Advice to commercial entities includes the scope of their insurance coverage in negotiations with insurers, effect of commercial indemnities on policy cover, negotiating with London and US insurers re PI cover, advising on potential asbestos liability and risk management, professional indemnity cover for engineers, architects and directors and officers. I have conducted numerous subrogated claims for insurers. This included acting for the insurer of a prominent Sydney educational institution defending a claim well in excess of $100 million. This is said to be the largest personal injury claim in Australian legal history, albeit much of it was commercial in nature. The final hearing went over 65 days in the Supreme Court of NSW. The logistics of handling significant amounts of evidence were considerable and I spoke to the market meeting of reinsurers on a number of occasions. We obtained one of the largest lump-sum costs orders made in such a matter, resulting in a net judgment of $7.7 million for the defendant.Other claims included building and construction, transport, obligations of employee insurance through compulsory superannuation, broker obligations and responsibility, property damage, aviation compensation, marine and aviation cargo claims, maritime collision and damage.

Sydney, Australia

B. Commercial Dispute ResolutionI have managed a wide variety of commercial disputes, by direct negotiation, mediation, arbitration and litigation in all courts and many tribunals. This includes ancillary and equitable relief in the Equity Division and the Technology and Construction List, injunctions, freezing orders and security for costs. Representative matters include:Building and construction – commercial building, construction insurance, Strata Title litigation including claims in District, Supreme and Federal courts by strata owners corporations against developers and builders, residential building, risk assessment, asbestos, fire access, air-conditioning, oil contaminated land and remediation. Corporations and Financial Services – director's guarantees, oppression suits, directors and officers duties, members rights, conflicts of interest, nominee directors, winding up of unit trust, disposal of shares and proceeds, trading and discretionary trusts, rights of members and responsible entity of Managed Investment Schemes (MIS), trustees of self managed superannuation funds (SMSF)Real property disputes including commercial leases, covenants, access, and licences. Employment – common law reasonable notice, discrimination, breach of workplace rights, severance and redundancy claims, adverse action, restraint of trade, and statutory unfair dismissal. Competition law – advice on exclusive dealing, exclusionary provisions, negotiating with regulator concerning disputes between competitors, defending industry organisation against suit by regulator. Intellectual property and Technology – telecommunications, video-on-demand, copyright, patent, trademark and trade secrets disputes. Commercial and trade disputes of all kinds including tenders, requests for tender, insolvency regulation, external administration, liquidation, personal bankruptcy and cross-border insolvency.

Sydney, Australia

C. Commercial transactions and compliance My experience covers a wide range, including:General Contracts – terms and conditions of trade, licence agreements, sale and distribution, supply, restraints on trade and competition, tenders, commercial risk analysis. Intellectual Property – protection of trade secrets, trademarks, patents and registered designs. Employment – drafting and advising on employment contracts, Individual Flexibility Agreements, Australian Workplace Agreements, Modern Awards, transfer of employment, restraint of trade. Corporate Advisory and Financial Services – shareholder agreements, constitutions, selective share buybacks, directors and officers powers, listing rules for public listed companies, applications for Australian Financial Services Licence, AFSL compliance, employee shares schemes, capital raising, due diligence, mergers and acquisitions, derivatives.Compliance advisory – Corporations Act, ASIC Act, Fair Work Act, Personal Property Securities Act, Privacy legislation, Work Health and Safety, Workplace Surveillance, Competition & Consumer Act, Australian Consumer Law. Energy – ring fencing guidelines, National Electricity Law, gas supply legislation, co-generation agreements, wind power co-operation arrangements, MOU and joint ventures, power purchase agreements and renewable energy certificates, supply contracts, memoranda of understanding and confidentiality agreements.Telecommunications and Technology – Telstra Resale Agreement, Standard Forms of Agreement under Telecommunications Act, customer relationship agreements, ISP contracts, co-operation agreementsSMSF and trusts – drafting and reviewing custodial trust deeds, set up of self managed superannuation fund, non-recourse loans documentation, trading unit and discretionary trusts, trustee succession. Real property and personal securities – drafting and reviewing commercial leases, licence to occupy, boat shares, loan agreements, personal property securities.

Sydney, Australia

D. International/ cross-border practiceInternational arbitrationI am one of a relatively small number of lawyers in Australia with expertise in this area. First enforcement of a foreign arbitral award in Australia under the changes to the International Arbitration Act, Uganda Telecom Ltd v Hi Tech Telecom. I have advised on arbitrations in Stockholm, New York, Chicago, Florida and London, including interim measures, selection of arbitrators, conduct of the arbitration and enforcement. International transactional and advisoryInternational focus – many of my matters concern clients with cross-border issues who require a lawyer with expertise in international trade and contracting. My advice in this area typically involves either protecting the interests of an Australian company (often with innovative technology or intellectual property) that wishes to trade overseas, or advising a foreign company which sets up a distributorship, creates a local Australian subsidiary, or takes a stake in an Australian company. I have advised clients in Australia, Europe, India, Africa and East Asia.  Assisting overseas based firms to set up subsidiaries in Australia, advising on corporate governance, legal structures, employment and personnel matters, protection of intellectual property, and those aspects of business migration permitted to lawyers.  Advising on international trade contracts, documentary credits, waybills, letters of credit, Incoterms, marine towage, marine and aviation insurance, multi-modal transport and charterparties.  Drafting and negotiating other cross-border agreements including joint ventures, supply contracts, franchising and similar arrangements.  Drafting, negotiating and advising on contracts for clients trading internationally, with particular emphasis on the protection and enforcement of trade secrets, trademarks, copyright, registered designs, intellectual property, and negotiating NDA (non-disclosure agreements).

B.A., Llb, Law, German, Greek, Hebrew

Education record

Education record