Michael Borsky KC
Michael is briefed in commercial and regulatory proceedings for and against government and leading corporations, and in a wide range of appeals (including in the High Court of Australia). He has extensive experience in federal regulatory proceedings, class actions, commercial and equity proceedings, schemes of arrangement, white collar criminal proceedings, constitutional and administrative law claims and Royal Commissions and public inquiries.
Michael is recognised by his peers as one of Australia’s best litigation lawyers (in the Australian Financial Review Best Lawyers List 2013-2022, Chambers and Partners’ Leading Barristers in Australia and Doyles’ Preeminent Senior Counsel in Australian Competition Law).
Michael also serves as a part-time member of the Takeovers Panel and of the National Competition Council.
Academic history
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. He is a member of the Editorial Board of the Australian Business Law Review, and a published author of a number of peer-reviewed papers on constitutional and commercial law.
Professional experience
As a solicitor with Allens Arthur Robinson, Michael practised in commercial litigation and competition law. 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).
*Liability limited by a scheme approved under Professional Standards legislation
Areas of Practice
Cases
- Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd (No 2) [2023] FCAFC 37
- Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd and ors [2021] FCA 720
- CDPP v The Country Care Group Pty Ltd and others (criminal jury trial, concluded June 2021)
- J Wisbey & Associates Pty Ltd v UBS AG & Ors [2021] FCA 36
- Unlockd Ltd v Google Asia Pacific Pte Ltd [2018] FCA 826
- Australian Competition and Consumer Commission v Sony Interactive Entertainment Network Europe Limited [2020] FCA 787
- Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (2018)
- Omar Property Pty Ltd & Ors v Amcor Flexibles (Port Melbourne) Pty Ltd (No 4) [2020] VSC 216
- Beach Energy v Origin
- ANZ ats Reilly
- Defence of criminal cartel proceedings against corporate and natural person accused
- Setka v ALP National Executive
- Australian Competition and Consumer Commission v STA Travel
- Setka v Carroll & Ors [2019] VSC 571
- Evans v Davantage Group Pty Ltd [2019] FCA 884
- UBS ats Wisbey
- ASIC v GetSwift
- Royal Commission into Aged Care Quality and Safety
- Australian Competition and Consumer Commission v Cryosite Limited [2019] FCA 116
- Defence of senior executive defendant to criminal cartel proceedings and investigations
- Acquisitions of ASX-listed corporations by members’ schemes of arrangement
- Application by Tabcorp Holdings Limited [2017] ACompT 10 (first instance); [2017] FCAFC 150 (on review); [2017] A CompT 5 (on remittal)
- ASIC v Westpac (bank bill swap rate manipulation case)
- Australian Consumer Competition and Consumer Commission v Murray Goulburn & Ors
- Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73, [2017] FCA 465, [2015] FCA 1304
- High Court and Full Federal Court appeals in Australian Competition and Consumer Commission v Flight Centre (attempts to induce price fixing)
- Application for stay of Babcock & Brown proceedings based on jurisdiction agreement in favour of New York courts
- Application under the Charter of Human Rights and Responsibilities Act 2006 for access to IVF treatment
- ASIC v Newcrest Mining
- Batrouney v Forster [2016] VSCA 80
- Australian Competition and Consumer Commission v Coles Express
- High Court appeal and Supreme Court appeal and trial of equitable proprietary claim against Gunns Ltd in liquidation
- Appeals in the High Court and the NSW Court of Appeal regarding permissibility of contractual ouster of statutory right to wind up a registered managed investment scheme
- Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405
- Claims by Tattersalls and Tabcorp against the State of Victoria for non-renewal of gaming operator licences
- Appeals in the High Court and Victorian Court of Appeal on questions of law concerning criminal offences for market manipulation under Pt 7.10 of the Corporations Act 2001
- Appeal in the High Court of New Zealand against regulatory decisions by the New Zealand Commerce Commission; constitutional challenge to “Henry VIII” provisions
- Class action claim for international air freight cartel conduct
- Norcast S.ar.L v Bradken Limited (No 3) [2013] FCA 283
- The Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal [2012] HCA 36
- In the matter of Fortescue Metals Group Limited [2010] ACompT 2
Publications
- Michael Borsky QC – 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.
QUALIFICATIONS
BCL (Dist)(Oxon), LLB (Hons 1), BSc (Comp Sci)
MEMBERSHIPS & ASSOCIATIONS
Member of the Readers' Course Sub-Committee; and
Co-Deputy Chair of the Commercial Bar Association - Equity Committee.
Michael Borsky KC
Profile
Michael is briefed in commercial and regulatory proceedings for and against government and leading corporations, and in a wide range of appeals (including in the High Court of Australia). He has extensive experience in federal regulatory proceedings, class actions, commercial and equity proceedings, schemes of arrangement, white collar criminal proceedings, constitutional and administrative law claims and Royal Commissions and public inquiries.
Michael is recognised by his peers as one of Australia’s best litigation lawyers (in the Australian Financial Review Best Lawyers List 2013-2022, Chambers and Partners’ Leading Barristers in Australia and Doyles’ Preeminent Senior Counsel in Australian Competition Law).
Michael also serves as a part-time member of the Takeovers Panel and of the National Competition Council.
Academic history
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. He is a member of the Editorial Board of the Australian Business Law Review, and a published author of a number of peer-reviewed papers on constitutional and commercial law.
Professional experience
As a solicitor with Allens Arthur Robinson, Michael practised in commercial litigation and competition law. 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).
*Liability limited by a scheme approved under Professional Standards legislation
Areas of Practice
Cases
- Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd (No 2) [2023] FCAFC 37
- Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd and ors [2021] FCA 720
- CDPP v The Country Care Group Pty Ltd and others (criminal jury trial, concluded June 2021)
- J Wisbey & Associates Pty Ltd v UBS AG & Ors [2021] FCA 36
- Unlockd Ltd v Google Asia Pacific Pte Ltd [2018] FCA 826
- Australian Competition and Consumer Commission v Sony Interactive Entertainment Network Europe Limited [2020] FCA 787
- Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (2018)
- Omar Property Pty Ltd & Ors v Amcor Flexibles (Port Melbourne) Pty Ltd (No 4) [2020] VSC 216
- Beach Energy v Origin
- ANZ ats Reilly
- Defence of criminal cartel proceedings against corporate and natural person accused
- Setka v ALP National Executive
- Australian Competition and Consumer Commission v STA Travel
- Setka v Carroll & Ors [2019] VSC 571
- Evans v Davantage Group Pty Ltd [2019] FCA 884
- UBS ats Wisbey
- ASIC v GetSwift
- Royal Commission into Aged Care Quality and Safety
- Australian Competition and Consumer Commission v Cryosite Limited [2019] FCA 116
- Defence of senior executive defendant to criminal cartel proceedings and investigations
- Acquisitions of ASX-listed corporations by members’ schemes of arrangement
- Application by Tabcorp Holdings Limited [2017] ACompT 10 (first instance); [2017] FCAFC 150 (on review); [2017] A CompT 5 (on remittal)
- ASIC v Westpac (bank bill swap rate manipulation case)
- Australian Consumer Competition and Consumer Commission v Murray Goulburn & Ors
- Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73, [2017] FCA 465, [2015] FCA 1304
- High Court and Full Federal Court appeals in Australian Competition and Consumer Commission v Flight Centre (attempts to induce price fixing)
- Application for stay of Babcock & Brown proceedings based on jurisdiction agreement in favour of New York courts
- Application under the Charter of Human Rights and Responsibilities Act 2006 for access to IVF treatment
- ASIC v Newcrest Mining
- Batrouney v Forster [2016] VSCA 80
- Australian Competition and Consumer Commission v Coles Express
- High Court appeal and Supreme Court appeal and trial of equitable proprietary claim against Gunns Ltd in liquidation
- Appeals in the High Court and the NSW Court of Appeal regarding permissibility of contractual ouster of statutory right to wind up a registered managed investment scheme
- Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405
- Claims by Tattersalls and Tabcorp against the State of Victoria for non-renewal of gaming operator licences
- Appeals in the High Court and Victorian Court of Appeal on questions of law concerning criminal offences for market manipulation under Pt 7.10 of the Corporations Act 2001
- Appeal in the High Court of New Zealand against regulatory decisions by the New Zealand Commerce Commission; constitutional challenge to “Henry VIII” provisions
- Class action claim for international air freight cartel conduct
- Norcast S.ar.L v Bradken Limited (No 3) [2013] FCA 283
- The Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal [2012] HCA 36
- In the matter of Fortescue Metals Group Limited [2010] ACompT 2
Publication
- Michael Borsky QC – 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.
Qualifications & Memberships
QUALIFICATIONS
BCL (Dist)(Oxon), LLB (Hons 1), BSc (Comp Sci)
MEMBERSHIPS & ASSOCIATIONS
Member of the Readers' Course Sub-Committee; and
Co-Deputy Chair of the Commercial Bar Association - Equity Committee.