Michael K Gurvich


Barrister | Accredited Mediator

Admitted:
7 Apr 1999
Bar:
25 May 2000
Location:
Room 0217, Owen Dixon Chambers West,
525 Lonsdale Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Michael has a broad commercial practice.  He advises and appears on behalf of individuals, companies, banks and trustees, in relation to:

  • General commercial litigation concerning contractual, equitable, property and trade practices claims
  • Banking & finance matters
  • Corporations and insolvency matters
  • Shareholder and oppression disputes
  • Retail lease disputes
  • Discrimination disputes
  • Owners corporation disputes

He is a Nationally Accredited mediator.

Some notable cases in which Michael has appeared include:

Aust Cafe Pty Ltd v Thushara de Soysa [2019] VCC 237 - acting for an employer in opposing an application for the removal of a caveat in relation to the tracing of misappropriated funds used by an employee to purchase property.

Zenith 500 Pty Ltd v Stavrakis and Alexopoulos [2016] VCC 1146 led by J Tsalanidis - acting for a guarantor in a dispute between co-guarantors as to the payment of a debt to Westpac.

Risi Pty Ltd v Pin Oak Holdings (Building and Property) [2016] VCAT 1112 - acting for a landlord in a dispute as to the enforceability of an unsigned retail lease. 

Reaper v Baycorp Collections PDL (Australia) Pty Ltd (No. 3) [2014] FCA 729 - contempt of court action against a Westpac employee for failing to produce documents in breach of a subpoena served upon the bank.

IOOF Building Society Pty Ltd v Foxeden Pty Ltd; IOOF Building Society Pty Ltd v Taylor & Anor (2009) 23 VR 536 led by Macaulay S.C. (as he then was) - acting for the Building Society in relation to a claim by a branch operator for reasonable notice of termination and compensation.

Walter & Anor v National Australia Bank [2004] VSC 36 led by Mukhtar Q.C. (as he then was) - acting for the bank in a breach of mortgage dispute where allegations of unconscionability and breaches of the mortgagee’s duties in exercising its power of sale were made.

Kyriackou v Shield Mercantile Pty Ltd [2004] FCA 1338 - acting for the Official Trustee in respect of the consequences for the Official Trustee when a successful appeal is made by a bankrupt to the Federal Court to set aside a bankruptcy order.

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.

AREAS OF PRACTICE

Alternative Dispute Resolution (ADR)
Appellate
Commercial Law
Common Law
Equity & Trusts
Public Law & Administrative Law
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Profile1

Michael has a broad commercial practice.  He advises and appears on behalf of individuals, companies, banks and trustees, in relation to:

  • General commercial litigation concerning contractual, equitable, property and trade practices claims
  • Banking & finance matters
  • Corporations and insolvency matters
  • Shareholder and oppression disputes
  • Retail lease disputes
  • Discrimination disputes
  • Owners corporation disputes

He is a Nationally Accredited mediator.

Some notable cases in which Michael has appeared include:

Aust Cafe Pty Ltd v Thushara de Soysa [2019] VCC 237 - acting for an employer in opposing an application for the removal of a caveat in relation to the tracing of misappropriated funds used by an employee to purchase property.

Zenith 500 Pty Ltd v Stavrakis and Alexopoulos [2016] VCC 1146 led by J Tsalanidis - acting for a guarantor in a dispute between co-guarantors as to the payment of a debt to Westpac.

Risi Pty Ltd v Pin Oak Holdings (Building and Property) [2016] VCAT 1112 - acting for a landlord in a dispute as to the enforceability of an unsigned retail lease. 

Reaper v Baycorp Collections PDL (Australia) Pty Ltd (No. 3) [2014] FCA 729 - contempt of court action against a Westpac employee for failing to produce documents in breach of a subpoena served upon the bank.

IOOF Building Society Pty Ltd v Foxeden Pty Ltd; IOOF Building Society Pty Ltd v Taylor & Anor (2009) 23 VR 536 led by Macaulay S.C. (as he then was) - acting for the Building Society in relation to a claim by a branch operator for reasonable notice of termination and compensation.

Walter & Anor v National Australia Bank [2004] VSC 36 led by Mukhtar Q.C. (as he then was) - acting for the bank in a breach of mortgage dispute where allegations of unconscionability and breaches of the mortgagee’s duties in exercising its power of sale were made.

Kyriackou v Shield Mercantile Pty Ltd [2004] FCA 1338 - acting for the Official Trustee in respect of the consequences for the Official Trustee when a successful appeal is made by a bankrupt to the Federal Court to set aside a bankruptcy order.