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CLERKING OFFICE
Owen Dixon Chambers

205 William Street
MELBOURNE
Victoria 3000
Australia
DX90 Melbourne
T: (61 3) 9225 8444
F: (61 3) 9225 8395
E: info@barristers.com.au





Michael
BORSKY


Name: Michael Borsky
Qualifications: BCL (Oxon), LLB (Hons), BSc (Comp Sci)
Chambers: 1711 Owen Dixon Chambers West
Direct Telephone: +61 3 9225 8737
Mobile: 0412 118 008
Fax: +61 3 9225 8395
Email: mborsky@vicbar.com.au
Signed Bar Roll: 2005
Admitted: 2003
Admitted in: VIC*, NSW, High Court of Australia, Federal Court of Australia


Areas of Expertise:
  • Administrative Law (Merits Review and Judicial Review)
  • Banking and Finance
  • Bankruptcy
  • Building, Construction and Engineering
  • Commercial Law
  • Competition, Market Conduct
  • Conflict of Laws (Private International Law)
  • Constitutional Law
  • Contract Disputes
  • Corporate Insolvency and Reconstruction
  • Corporations and Securities
  • Insurance (including Re-insurance)
  • International Commercial Arbitration
  • Landlord and Tenant (Commercial, Residential)
  • Mining, Energy, Resources
  • Mortgages and Securities
  • Professional Negligence
  • Property
  • Stamp Duty
  • Superannuation
  • Taxation and Revenue
  • Telecommunications
  • Trade Practices, Consumer Protection

Practice Profile:

Michael practises in commercial and public law.

His recent matters include: application to a single Justice of the High Court for confidentiality orders in an appeal; application for special leave to appeal to the High Court on questions of validity of lawyers' contingency fees and uplift agreements; review proceedings in the Australian Competition Tribunal of electricity transmission determination by the Australian Energy Regulator; application by Rio Tinto to the Full Federal Court for an order by way of prohibition restraining the Australian Competition Tribunal from considering an application for access to Pilbara railways under Pt IIIA of the TPA; price-fixing and third line forcing claim against Forestry Tasmania joint venture partners; review proceedings in the Australian Competition Tribunal of decisions by the ACCC not to accept telecommunications access undertakings from Optus and Vodafone; advice to the Attorney-General for Victoria; application for a Victorian freezing (Mareva) order in support of a transnational freezing order made in the United Kingdom; and various Supreme Court and Federal Court commercial and equity cases and commercial arbitrations.

Michael serves as a Commonwealth Law Reporter and is the editor of the Contracts and Restitution section of the Australian Business Law Review. He has also published articles on constitutional law, competition law and restitution in the Australian Law Journal and the Australian Business Law Review.

Michael graduated BCL with distinction from Oxford University, having attained first class honours at undergraduate level in Australia. His graduate studies concentrated on competition law, conflict of laws and restitution.

As a solicitor with Allens Arthur Robinson, Michael practised in commercial litigation, competition law and insurance.

Before practising law, Michael gained commercial experience in finance and corporate strategy with McKinsey & Company, international management consultants, and in computer software engineering at Aladdin Knowledge Systems Ltd (Nasdaq: ALDN).

Michael accepts briefs to appear pro bono and is a Director of the St Kilda Legal Service and Council Member of the International Commission of Jurists (Victoria).


Particular Matters:
  • Appeared for the ACCC in telecommunications cases
  • Advised the Attorney-General for Victoria on constitutional matters
  • Appeared and advised in professional indemnity insurance disputes
  • Appeared and advised in property law (including retail tenancy) disputes
  • Appeared to obtain a Victorian freezing order in support of a transnational freezing order made in the UK
  • Appeared and advised in numerous Supreme Court and Federal Court commercial and equity cases and commercial arbitrations

Memberships and Associations:
  • Bachelor of Civil Law (Distinction), Oxford University
  • Management Consultant, McKinsey & Company

Publications:
  • Commonwealth Law Reporter
  • Published in the Australian Law Journal and the Australian Business Law Review, in the areas of restitution, competition law and constitutional law
*Since 2005 barristers admitted to practice in Victoria are entitled to practise in all Australian jurisdictions without the need to be admitted in that State or to hold a practising certificate for that State. Read more...


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