Mitchell Downes Email & Phone Number

Brisbane City, Qld, Au

Brisbane

Brisbane

My primary areas of practice include:- insolvency and reconstruction- corporation, shareholder and partnership litigation- trust, equity and fiduciary litigation- general commercial (contract, real property and commercial tort) litigation- compensation claims for land resumption or business interruption- appeals.I have recently acted for and advised:- an administrator to resist a contested winding up application brought against the company so that a deed of… Show more My primary areas of practice include:- insolvency and reconstruction- corporation, shareholder and partnership litigation- trust, equity and fiduciary litigation- general commercial (contract, real property and commercial tort) litigation- compensation claims for land resumption or business interruption- appeals.I have recently acted for and advised:- an administrator to resist a contested winding up application brought against the company so that a deed of company arrangement could be considered at the second meeting of creditors- liquidators and administrators for remuneration claims- a petitioning creditor for a contested winding up application- liquidators and trustees in respect of admission to proof (or rejection) of creditors’ claimsdirectors being sued for insolvent trading- a creditor appealing the admission of another creditor’s proof of debt- liquidators and trustees for contested (including to trial) voidable transaction claims, including multimillion dollar ones- liquidators and administrators on asset preservation and sale- administrators and deed propounders to prepare deeds of company arrangement- a body corporate to successfully resist a statutory right of user (easement) claimed by developer who wanted to tunnel and demolish part of a basement wall- applicants for urgent ex parte search (Anton Piller) orders to protect confidential information and - freezing (Mareva) orders to protect against the dissipation of assets- a liquidator to resist a claim brought by a creditor to be subrogated to securities because of alleged fraud by the director of the company- commercial list matters involving the construction of commercial contracts- statutory trustees for sale of a land that was a terminated community titles scheme- a majority shareholder to resist oppressive conduct proceedings- liquidators, trustees and directors at public examinations- vendors and purchasers in relation to land and business sale contracts Show less

Brisbane, Australia

My areas of practice include:• Commercial and contract litigation• Insolvency and reconstruction litigation and advice• Corporation, shareholder and partnership litigation• Trust, equity and fiduciary litigation• Property (vendor/purchaser) litigation• Building and construction (including BCIPA) litigation• Australian Consumer law (defendant) litigation• Body corporate and management rights litigationI have recently acted for and advised:… Show more My areas of practice include:• Commercial and contract litigation• Insolvency and reconstruction litigation and advice• Corporation, shareholder and partnership litigation• Trust, equity and fiduciary litigation• Property (vendor/purchaser) litigation• Building and construction (including BCIPA) litigation• Australian Consumer law (defendant) litigation• Body corporate and management rights litigationI have recently acted for and advised: • Liquidators, external administrators and trustees in bankruptcy on a wide range of complex insolvency advice and insolvency litigation matters• applicants for urgent ex parte search (Anton Piller) orders to protect confidential information and freezing (Mareva) orders to protect against the dissipation of assets• a liquidator to resist a claim brought by a creditor to be subrogated to company property because of alleged fraud by the director of the company• Commercial list matters involving the construction of commercial contracts• Parties to a broad range of equity and trust disputes• Applicants and respondents to contested winding up applications concerning solvency and/or just and equitable grounds• Companies, directors and shareholders relating to Corporations Act litigation, including oppressive conduct, director duties and misuse of information• Businesses sued under the Australian Consumer Law• Parties to declaratory and injunctive relief proceedings• Parties to public examinations• vendors and purchasers in relation to land and business sale contracts• A large property developer conducting litigation against groups of defaulting buyers in the wake of the global financial crisis• Parties to cross-border litigation involving franchising and licensing disputes Show less

Brisbane

Brisbane

I practise exclusively in commercial litigation with a particular emphasis on insolvency, corporations law, building and construction and general commercial dispute resolution.

Master Of Laws (Llm), Law, Gpa 6.5

Grad Dip Lp

Bachelor Of Laws (Llb) (Hons)