Michael Joseph has over 20 years' experience in commercial litigation, advising banks, financial institutions, insolvency practitioners and private clients on a wide range of litigious matters.
As a LEADR trained mediator, Michael is committed to alternative dispute resolution. Combined with his extensive litigation experience, Michael can not only maximise his clients' position through the Court process, but also understands the costs and reputation risks associated with litigation.
Recent examples of Michael's work include:
- Advising a large Australian bank in relation to the appointment of receivers and successfully defending the bank in a related dispute with a group of customers that claimed the bank had breached the Privacy Act. This matter included successful proceedings in the Supreme Court against a number of parties seeking orders for possession and a trial and a subsequent appeal heard by the NSW Court of Appeal
- Advising parties to a shareholder dispute in relation to company that distributes a market leading health product. This matter included an application to the Supreme Court to appoint receivers, a five day Supreme Court trial where the Court determined in favour of his clients that partly executed shareholder and licence agreements were enforceable, and proposing and documenting a deed of company arrangement that was accepted by creditors and resulted in his clients regaining control of the business.
- Defending a representative (class) action in the Federal Court on behalf of a major finance company.
- Successfully dealing with a third-party asset preservation order for the margin lending business of a ‘four pillar’ bank.
Michael was appointed Managing Partner of Kemp Strang in 2011. In this role, he is focused on strengthening the firm's presence in the Australian legal marketplace.