appears as counsel in the Victorian Civil and Administrative Tribunal, the Magistrates' Court, the County Court, the Supreme Court of Victoria, the Federal Court, and the Federal Circuit and Family Court of Australia. She has also appeared as junior counsel in public hearings before IBAC.
Michelle appears and advises in relation to trusts, equity, probate and family provision matters. She has presented seminars on ‘Will Drafting with Ethics in Mind’ and 'Undue Influence and Unconscionable Conduct: Lessons from McFarlane v McFarlane'.
Michelle has a particular interest in competition and consumer law and has recently expanded her practice into energy regulation. She has advised the AER and the AEMC in relation to energy regulation.
Before coming to the Bar, Michelle had a diverse legal career. She commenced practice at Allens (as it then was) where she gained experience in trade practices and general commercial litigation. Michelle left Allens to join the telecommunications group of the ACCC, where she broadened her knowledge of trade practices, competition law and telecommunications regulation. She has also worked for a boutique firm advising private companies and high net wealth individuals on a broad range of litigious and non-litigious matters. These included contractual disputes, consumer law claims, retail leases, property law, trusts and family provision claims. Michelle was also a Research Associate to the Associate Judges of the Victorian Supreme Court, which extended her knowledge of civil procedure and administrative law.
Michelle holds a Bachelor of Commerce from the University of Western Australia, where she also lectured in marketing and consumer behaviour for several years.
Michelle read with Christian Juebner and her senior mentor is Jason D Pizer QC
Publications
By instalment (2021) 95(11) Law Institute Journal 30.
Conference and seminar presentations
Undue Influence and Unconscionable Conduct , 2021 (Leo Cussen)
Loss of Opportunity - Nuances in Proving Your Case, 2022 (with C Madder)
Will Drafting with Ethics in Mind, 2020 (with C Sparke QC)
Selected Cases
Australian Energy Regulator v Hornsdale Power Reserve Pty Ltd [2022] FCA 738 - penalty judgment regarding breaches of the National Electricity Rules, led by James Arnott SC
Dover Financial Advisers Pty Ltd v ASIC (unpublished 16 September 2022) – acting for the applicant in preliminary discovery application, led by A Panna KC.
Commercial Matters
Breach of contract - acting for a purchaser in relation to a sale of land transaction, led by A Panna KC; acting for a lender in relation to an unpaid loan; advising in relation to frustrated contracts; advising in relation to potential claims for breach of contract.
Caveat removal proceedings in the Victorian Supreme Court.
Wills, Estate and Trusts Matters
Acting for the defendant, executor, in testator family maintenance claims in both the County Court and Supreme Court of Victoria.
Advising in relation to grants of probate, family provision claims, trust claims, undue influence claims, statutory wills.
Magistrates Court
Acting for applicants and respondents in re-hearing applications. Acting for plaintiffs and defendants in contract disputes.
Acting for the plaintiffs in debt recovery proceedings.
Advising in relation to potential claims for breach of contract and breach of the Australian Consumer Law.
VCAT
Building and Property List – acting for applicant tenant in successful claim under the Retail Leases Act 2003.
Civil Claims List – acting for the applicant in Australian Consumer Law claims (Moon v CMG Automotive Pty Ltd (Civil Claims) [2021] VCAT 1335)
Owners Corporation List – acting for owners corporations in relation to fee recovery; acting for respondent owners corporation manager (De Jonk v Aumeca Owners Corporation Pty Ltd (Owners Corporations) [2020] VCAT 1439, led by C Truong QC)
VCAT Review and Regulation List - acting for the Victims of Crime Assistance Tribunal in response to a request for review of a decision of the Victims of Crime Assistance Tribunal; acting for the second respondent in relation to a review of a decision of the Registrar of Births, Deaths and Marriages ( Do v Registrar of Births, Deaths and Marriages (Costs) (Review and Regulation) [2021] VCAT 942; Do v Registrar of Births, Deaths and Marriages (Review and Regulation) [2021] VCAT 1125).
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister’s clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.
Michelle practises in commercial, trusts, equity, probate, family provision, and energy law, appearing across Victorian and federal courts, VCAT, and IBAC hearings.
appears as counsel in the Victorian Civil and Administrative Tribunal, the Magistrates' Court, the County Court, the Supreme Court of Victoria, the Federal Court, and the Federal Circuit and Family Court of Australia. She has also appeared as junior counsel in public hearings before IBAC.
Michelle appears and advises in relation to trusts, equity, probate and family provision matters. She has presented seminars on ‘Will Drafting with Ethics in Mind’ and 'Undue Influence and Unconscionable Conduct: Lessons from McFarlane v McFarlane'.
Michelle has a particular interest in competition and consumer law and has recently expanded her practice into energy regulation. She has advised the AER and the AEMC in relation to energy regulation.
Before coming to the Bar, Michelle had a diverse legal career. She commenced practice at Allens (as it then was) where she gained experience in trade practices and general commercial litigation. Michelle left Allens to join the telecommunications group of the ACCC, where she broadened her knowledge of trade practices, competition law and telecommunications regulation. She has also worked for a boutique firm advising private companies and high net wealth individuals on a broad range of litigious and non-litigious matters. These included contractual disputes, consumer law claims, retail leases, property law, trusts and family provision claims. Michelle was also a Research Associate to the Associate Judges of the Victorian Supreme Court, which extended her knowledge of civil procedure and administrative law.
Michelle holds a Bachelor of Commerce from the University of Western Australia, where she also lectured in marketing and consumer behaviour for several years.
Michelle read with Christian Juebner and her senior mentor is Jason D Pizer QC
Publications
By instalment (2021) 95(11) Law Institute Journal 30.
Conference and seminar presentations
Undue Influence and Unconscionable Conduct , 2021 (Leo Cussen)
Loss of Opportunity - Nuances in Proving Your Case, 2022 (with C Madder)
Will Drafting with Ethics in Mind, 2020 (with C Sparke QC)
Selected Cases
Australian Energy Regulator v Hornsdale Power Reserve Pty Ltd [2022] FCA 738 - penalty judgment regarding breaches of the National Electricity Rules, led by James Arnott SC
Dover Financial Advisers Pty Ltd v ASIC (unpublished 16 September 2022) – acting for the applicant in preliminary discovery application, led by A Panna KC.
Commercial Matters
Breach of contract - acting for a purchaser in relation to a sale of land transaction, led by A Panna KC; acting for a lender in relation to an unpaid loan; advising in relation to frustrated contracts; advising in relation to potential claims for breach of contract.
Caveat removal proceedings in the Victorian Supreme Court.
Wills, Estate and Trusts Matters
Acting for the defendant, executor, in testator family maintenance claims in both the County Court and Supreme Court of Victoria.
Advising in relation to grants of probate, family provision claims, trust claims, undue influence claims, statutory wills.
Magistrates Court
Acting for applicants and respondents in re-hearing applications. Acting for plaintiffs and defendants in contract disputes.
Acting for the plaintiffs in debt recovery proceedings.
Advising in relation to potential claims for breach of contract and breach of the Australian Consumer Law.
VCAT
Building and Property List – acting for applicant tenant in successful claim under the Retail Leases Act 2003.
Civil Claims List – acting for the applicant in Australian Consumer Law claims (Moon v CMG Automotive Pty Ltd (Civil Claims) [2021] VCAT 1335)
Owners Corporation List – acting for owners corporations in relation to fee recovery; acting for respondent owners corporation manager (De Jonk v Aumeca Owners Corporation Pty Ltd (Owners Corporations) [2020] VCAT 1439, led by C Truong QC)
VCAT Review and Regulation List - acting for the Victims of Crime Assistance Tribunal in response to a request for review of a decision of the Victims of Crime Assistance Tribunal; acting for the second respondent in relation to a review of a decision of the Registrar of Births, Deaths and Marriages ( Do v Registrar of Births, Deaths and Marriages (Costs) (Review and Regulation) [2021] VCAT 942; Do v Registrar of Births, Deaths and Marriages (Review and Regulation) [2021] VCAT 1125).
michelle.bennett@vicbar.com.au
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