Michael Borsky QC

Bar Roll: 2005 Silk: 2016
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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 is recognised by his peers as one of Australia’s best litigation lawyers (in the Australian Financial Review Best Lawyers List 2013-2020, 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.

Recent matters in which Michael has been briefed include: Royal Commission into the Casino Operator and Licence (Senior Counsel for Crown); Arrium insolvent trading proceedings; ASIC v iSignthis; ARA v Cromwell (takeover dispute); ACCC v iSelect; Commonwealth DPP v Country Care Group (prosecution); ANZ ats Reilly (consumer credit insurance class action); RNB Equities v Credit Suisse (market manipulation claims); Ernst & Young ats Pitcher Partners (professional negligence claims); AMP ats DST Bluedoor (employment and software licensing claims); Beach Energy v Origin (gas price arbitration); ACCC v Sony; UBS ats Wisbey (foreign exchange cartel class action proceeding); defence of criminal cartel proceedings against corporate and natural person accused (foreign exchange cartel allegations); Setka v ALP National Executive; ACCC v STA Travel; Evans v Davantage (class action); Royal Commission into Aged Care Quality and Safety; ASIC v GetSwift; ACCC v NSW Ports; Unlockd v Google; defence of senior executive defendant to criminal cartel proceedings and investigations; acquisitions of ASX-listed corporations by members’ schemes of arrangement; ACCC v Murray Goulburn; High Court special leave application and Full Federal Court appeal in cartel proceedings against Yazaki; Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry; Tabcorp/Tatts merger authorisation proceeding; ASIC v Westpac (bank bill swap rate manipulation case); High Court and Full Federal Court appeals in ACCC 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; Batrouney v Forster (appeal regarding legal profession regulation, trust monies and equitable particular liens); ACCC v Coles (unconscionable conduct in negotiations with suppliers); ASIC v Newcrest Mining (continuous disclosure contraventions); ACCC v Coles Express (petrol pricing); High Court appeal and Supreme Court appeal and trial of equitable proprietary claim against Gunns Ltd in liquidation; ACCC v Coles (fresh bread marketing claims); High Court constitutional challenge to judgment of the Court of Appeal on advisory opinion grounds; 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; 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 (delegated legislation by executive order purporting to amend primary legislation); class action claim for international air freight cartel conduct; application under the Charter of Human Rights and Responsibilities Act 2006 for access to IVF treatment; applications for access to BHP Billiton and Rio Tinto Pilbara railways under Pt IIIA of the TPA.

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.

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).

Banking, Finance & InsolvencyCommercialConstitutional LawCorporate & CommercialCorporationsEquity & TrustsInsolvencyInsuranceJudicial ReviewLeasesMerits ReviewPropertyProperty, Planning, Environment & ResourcesPublic LawTaxation & SuperannuationTaxes – FederalTrade Practices/Consumer Protection
  • 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 QC

Bar Roll: 2005 Silk: 2016
print vcard

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 is recognised by his peers as one of Australia’s best litigation lawyers (in the Australian Financial Review Best Lawyers List 2013-2020, 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.

Recent matters in which Michael has been briefed include: Royal Commission into the Casino Operator and Licence (Senior Counsel for Crown); Arrium insolvent trading proceedings; ASIC v iSignthis; ARA v Cromwell (takeover dispute); ACCC v iSelect; Commonwealth DPP v Country Care Group (prosecution); ANZ ats Reilly (consumer credit insurance class action); RNB Equities v Credit Suisse (market manipulation claims); Ernst & Young ats Pitcher Partners (professional negligence claims); AMP ats DST Bluedoor (employment and software licensing claims); Beach Energy v Origin (gas price arbitration); ACCC v Sony; UBS ats Wisbey (foreign exchange cartel class action proceeding); defence of criminal cartel proceedings against corporate and natural person accused (foreign exchange cartel allegations); Setka v ALP National Executive; ACCC v STA Travel; Evans v Davantage (class action); Royal Commission into Aged Care Quality and Safety; ASIC v GetSwift; ACCC v NSW Ports; Unlockd v Google; defence of senior executive defendant to criminal cartel proceedings and investigations; acquisitions of ASX-listed corporations by members’ schemes of arrangement; ACCC v Murray Goulburn; High Court special leave application and Full Federal Court appeal in cartel proceedings against Yazaki; Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry; Tabcorp/Tatts merger authorisation proceeding; ASIC v Westpac (bank bill swap rate manipulation case); High Court and Full Federal Court appeals in ACCC 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; Batrouney v Forster (appeal regarding legal profession regulation, trust monies and equitable particular liens); ACCC v Coles (unconscionable conduct in negotiations with suppliers); ASIC v Newcrest Mining (continuous disclosure contraventions); ACCC v Coles Express (petrol pricing); High Court appeal and Supreme Court appeal and trial of equitable proprietary claim against Gunns Ltd in liquidation; ACCC v Coles (fresh bread marketing claims); High Court constitutional challenge to judgment of the Court of Appeal on advisory opinion grounds; 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; 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 (delegated legislation by executive order purporting to amend primary legislation); class action claim for international air freight cartel conduct; application under the Charter of Human Rights and Responsibilities Act 2006 for access to IVF treatment; applications for access to BHP Billiton and Rio Tinto Pilbara railways under Pt IIIA of the TPA.

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.

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).

Areas of Practice

Banking, Finance & InsolvencyCommercialConstitutional LawCorporate & CommercialCorporationsEquity & TrustsInsolvencyInsuranceJudicial ReviewLeasesMerits ReviewPropertyProperty, Planning, Environment & ResourcesPublic LawTaxation & SuperannuationTaxes – FederalTrade Practices/Consumer Protection

Cases

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.