Michael Pickering is our most senior solicitor employed in the Melbourne Branch of LAC Lawyers Pty Ltd. He deals with a wide range of matters. He has over 30 years experience as a lawyer which he applies for the benefit of clients whether large or small.
Michael has a broad practice which encompasses: - Building & construction, Business & Commercial Law, Civil & Commercial Litigation, Criminal Law, Taxation Advise & Appeals, Employment Law for employers and employees, Insurance Law, Intellectual Property, Professional Negligence and Trade Practices.
As well as being a skilful litigator, Michael has extensive experience in alternative dispute resolution. He is an Approved Mediator with the Law Institute of Victoria, and has worked and been trained as an Arbitrator and Mediator both in Australia and overseas.
Some of matters in which Michael has been involved are:
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Obtaining a $100 million plus settlement for Bougainville Copper Limited arising from the closure of its Panguna Copper Mine on the island of Bougainville.
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Criminal Law - appearance and advice on summary and indictable offences for DUI, BAC, assault, sexual assault, wrongful death & homicide, fraud and theft charges.
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Property Law - conveyancing, mortgages, retail leasing and liquor licensing problems.
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Building & Construction - Michael has qualifications in building construction and building design from R.M.I.T. which he uses to advise a wide range of building professionals including architects, designers, building surveyors/building inspectors, quantity surveyors, engineers and registered builders on issues from building contract drafting and interpretation to advice on security of payments, as well as representation and appearance work at VCAT and Victorian Courts and the Building Appeals Board.
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Business & Commercial Law - advising on duties and responsibilities of private and public company directors and senior officers, franchising, and choice of business structure.
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Taxation, Superannuation & Estate Planning - advising on estate planning and taxation treatment of business ventures.
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Wills & Probate - preparation and drafting of wills and obtaining grants of probate and the administration of estates.
- Employment Law - advice for employers and employees concerning employing and dismissing staff, drafting contracts of employment, advising on unlawful termination and unfair dismissal, discrimination and harassment.
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Intellectual Property - advice on patents, trademarks, copyright and designs, breach of confidence and protection of privacy, doing business through the internet and enforcing clients' rights or defending clients against criminal and civil liabilities for alleged breach of property rights.
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Insurance Law - advice to re-insurers, insurers, insureds and brokers on all types of insurance product including drafting and interpretation of insurance policies, defending insureds against third party suits, and obtaining subrogated recoveries.
What Clients are saying about Michael
"Hi Michael,
All done at last..., my place is in order; weight off my sholders. Through it all my gratitude to you.
GC"
Qualifications
- Bachelor of Arts
- Bachelor of Laws with Honours
- Master of Laws
- Master of Arts
- Graduate Certificate in Australian Immigration Law
- Advanced Certificate in Building Construction
- Associate Diploma of Applied Science (Building & Construction)
- Diploma of Building Design & Drafting
- Participant at Program of Instruction for Lawyers & Program on Negotiation (Harvard Law School)
Memberships
- Law Institute of Victoria
Fellowships
- Australian Institute of Building
- Australian & New Zealand Institute of Insurance & Finance
- Australasian Institute of Chartered Loss Adjusters
Admitted to Practice in
- Victoria
- NSW
- ACT
- Tasmania
- New Zealand
Language Skills
Tax Law - When are directors personally liable for unremitted tax deductions?
Date: April 18, 2012
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Australian taxation laws require an employer to withhold PAYG from the salaries, wages, commissions, bonuses or allowance of its employees. Due to the fact that the ATO has lost its priority claim in insolvency administrations over other unsecured creditors for tax since 1993, the ATO can make directors personally liable for unpaid group taxes, PAYG and certain other taxes such as withholding tax on dividends and interest.
Employment Law - The Enforceability of Post Employment Restraints of Trade (Vic.)
Date: December 18, 2011
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Employing highly intelligent and highly qualified employees in a range of sophisticated commercial businesses is a risky business for employers.
Insurance Law - Rainstorm, Flood Insurance and Cyclone Insurance Claims - Part 1
Date: February 02, 2011
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
During December 2010 and January 2011, large areas of central and eastern Queensland have faced the full fury of nature in the form of devastating rain storm, flash flooding over land which is generally completely dry, and flood from overflowing watercourses being streams, rivers, lakes or reservoirs. In late January / early February, coastal Queensland is also being threatened by a category two and by a category 5 hurricane which might cause further damage to infrastructure, homes and businesses.
Insurance Law - Rainstorm, Flood Insurance and Cyclone Insurance Claims - Part 2
Date: February 02, 2011
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The law in this area is complex. The precise policy wording needs to be taken into account and legal advice should be obtained. By way of general proposition only, the following statements maybe relevant.
Insurance Law - Rainstorm, Flood Insurance and Cyclone Insurance Claims - Part 3
Date: February 02, 2011
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The Insurance Contract Act obliges insurers to particularly notify insured’s of what is regarded as an “unusual term” prior to the contract of insurance being entered into. If such notification does not take place, insurers cannot rely upon such an unusual term to deny a claim. To do so amounts to a breach of the duty of utmost good faith owed to insureds by insurers. The notification must amount to a description and explanation of the effect of the term rather merely than notifying the term itself.
Testamentary Trusts - What Happens When A Beneficiary Is A Minor
Date: January 12, 2011
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Testamentary trusts are an effective vehicle for splitting business income. Problems arise, however if there are beneficiaries who are minors (i.e. under 18 years old).
Testamentary Trusts - Excepted Assessible Income or Excepted Trust Income
Date: January 12, 2011
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Another exception to the general rule introduced by Division 6AA is whether the income is "excepted assessable income" or "excepted trust income." In other words, not all income is affected by the new rules in division 6AA. Excepted accessible income or excepted trust income will be assessed at ordinary marginal tax rates.
Testamentary Trusts - Taxation of Testamentary Trusts
Date: January 12, 2011
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Trustees will need to pay particular attention to section 102AG(2)(a)(i) of ITTA 1936. This section controls income distributed to minors from testamentary trusts. Trustees should insure that the will incorporating the testamentary trust is properly drafted so that the testamentary trust has the characteristics of the discretionary trust structure.
Is it the beginning of the end for discretionary trusts and one-man companies?
Date: September 01, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The traditional usefulness of discretionary trusts arises from the puzzling position they hold in the law. Property transferred to these entities is effectively ownerless until discretionary trustees determine to appoint the property to discretionary beneficiaries.
Is it the beginning of the end for discretionary trusts and one-man companies - A change of view point
Date: September 01, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
There are suggestions that Australian courts are now changing their approach to the interpretation of statutes with the effect that discretionary trusts are not as useful in avoiding statutory obligations. In other words, in the words of the Bob Dylan song “… the times, they are a-changin”!
Is it the beginning of the end for discretionary trusts and one-man companies - Centrelink, Bankruptcy and Taxation
Date: September 01, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Another example is Elliott v. The Secretary of the Department of Education, Employment and Workplace Relations decided in 2008 immediately before the High Court of Australia’s decision in Spry and was concerned with the means test for Centrelink pensions.
Taxation Law - ATO and ASIC Crackdown On Phoenix Activity
Date: August 02, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
On 1 July 2010, amendments to tax and corporations laws gave the ATO new powers against fraudulent Phoenix activity.
Taxation Law - Phoenix Activity - Further Changes in the Pipeline
Date: August 02, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The Rudd/Gillard Federal Governments are also considering giving to the ATO and to ASIC a number of additional powers against directors involved in fraudulent Phoenix activity including the following powers
Insurance Contracts Act - Changes to Insurance Law and Practice for Insureds, Insurers and Brokers
Date: August 02, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Important amendments to the Insurance Contracts Act 1984 (Commonwealth) (“the ICA”) were expected to be passed by the Commonwealth Government in the Spring session of the 2010 Parliament. Their passage will now have to await the sitting of the new Parliament in late 2010.
Reversal Of Effect Of Sons Of Gwalia Decision - Ending Of Equal Ranking Of Shareholder Claims With Claims Of Unsecured Creditors In Corporate Insolvency
Date: July 30, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The Corporations Act will be amended so as to reverse the decision of the High Court of Australia in Sons of Gwalia v. Margaretic. The Sons of Gwalia decision determined that, in a corporate insolvency, certain shareholder claims against a company rank equally with the claims of other unsecured creditors.
Small Business Fair Dismissal Code - Termination Of Employment Rules For Small Business Under The Fair Work Act 2009 (Cth.)
Date: July 30, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
One of the significant changes made to unfair dismissal laws by the Rudd Government under the Fair Work Act 2009 was the introduction of the Small Business Fair Dismissal Code (“the Code”). The Code included a check list for employers to complete when terminating employment. Small employers hoped that by complying with the check list, it would be easier to dismiss staff.
Intellectual Property Law - Copyright Law - Internet Service Provider (ISP) not liable for downloading habits of its customers breaching australian copyright laws.
Date: May 17, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
In February 2010, Justice Dennis Cowdroy of the Federal Court of Australia ruled in favor of internet service provider iiNet against the Australian film and television industry.
Intellectual Property Law - Trademark Law - Protecting trademarks worldwide under the Madrid system
Date: May 17, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The Madrid System for the international registration of trademarks (‘the Madrid System’) was established in 1891.
Property Law - Family Law - The concept of joint land ownership when family relationships break down.
Date: May 17, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Joint land owners hold land either as joint tenants or as tenants in common. Joint tenancy is far more common. Through this method of ownership, the interests of one spouse or partner are deemed by law to flow automatically to the surviving spouse or partner irrespective of whether the deceased spouse or partner has left a will or other testamentary document.
Taxation Law - Taxation of Overseas Based Employees Within Australia
Date: May 17, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
From 1st July 2009, the foreign employment income of most Australians working overseas is no longer exempt from Australian income tax.
Employment Law - Unfair dismissals under the Fair Work Act
Date: April 15, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The Fair Work Act 2009 (Cth) became fully operational from 1st January 2010. The Fair Work Act changed the rights of employees and responsibilities of employers relating to dismissals.
Employment Law - Unfair dismissals under the Fair Work Act - General Protection Provisions
Date: April 15, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The Fair Work Act incorporates general protection provisions in Part 3 – 1. This Part incorporates the type of protection provided under unfair dismissal and freedom of association provisions which was incorporated into the Work Choices legislation. The unlawful termination provisions of Work Choices have been re-enacted in Part 6 – 4 of the Fair Work Act. However, the Fair Work Act provides that a person may not apply for help against an unlawful termination if they are also entitled to challenge the dismissal under the general protection provisions.
Employment Law - Unfair dismissals under the Fair Work Act - Common Law Contracts
Date: April 15, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Finally, common law contracts of employment will continue to regulate a large number of employment relationships under the Fair Work Act. This will continue to be the case notwithstanding the creation of ‘Modern Awards’ by the Australian Industrial Relations Tribunal since January 2010. These Modern Awards cover ten modern award conditions which are similar to the National Employment Standards that provide the basic safety net for employees.
Employment Law - Unfair dismissals under the Fair Work Act - Remedies and Entitlements
Date: April 15, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Remedies under the Fair Work Act are largely the same as under Work Choices. Reinstatement is the primary remedy. However, Fair Work Australia’s power to reinstate has been increased to order reinstatement to ‘associated interties’ – in other words to other companies in a group.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 3: Types of Testamentary Trusts
Date: January 15, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The main reason for creating a beneficiary controlled testamentary trust is for protection of the principal beneficiary, particularly in a situation of relationship breakdown of marriage or de facto partnership. With the beneficiary controlled testamentary trust, there is considerable protection of assets from the primary beneficiary’s hostile family members.
Employment Law - Can Employers Be Stopped From Discriminating Against Employees Upon The Basis Of Lifestyle Or Philosophical Beliefs As Opposed To Religious Or Political Beliefs?
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
An English Decision and its Implications for Australian Emloyment and Discrimination Law
Property Law - Purchasers Of Real Estate “Off The Plan” Sunset Clauses For Registration Of Plans Of Subdivision
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
For many years, it has been commonplace for the “off the plan” contracts of sale to include clauses granting the vendor (developer or seller of the units) a reasonable extension of time within which to register the plan of subdivision upon giving notice to the purchaser.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 1: The Will
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
A will is a legal document in which the will maker sets out how and to whom his or her personally owned assets are to be distributed after death, the manner in which his or her estate is to be administered and the powers the executors are given.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 2: What is a Testamentary Trust?
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Simply, a testamentary trust is a trust established by a will. Testamentary trusts can be mandatory or optional, fixed or non-fixed, flexible or protective, short or long-term, or charitable or non-charitable.
Taxation Law - undeclared interest and offshore capital gains
Date: October 22, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Personal Property Securities - New Legal Developments
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
On 10 November 2008, the Federal Attorney General released the exposure draft of the Personal Property Securities Bill 2008 (Cth.) The Bill is intended to create a single national law governing security interests in all property other than land. Once passed into law ...
Employment Law - Restraints Of Trade: Restraining Former Employees When The Work Agreement Has Ended
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Employment restraints are contractual terms which seek to limit the activities of the employee once their period of service ends.
Employment Law - Employee and Employer Duties in Common Law Employment Contracts
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
In addition to the express terms of a common law contract of employment, the contract may also include implied terms.
Employment Law - The New Fair Work Act - What Is It and What Does It Do (1)
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
On Friday, 20 March 2009, the Fair Work Bill was finally passed by the Australian Senate after Family First’s Senator Fielding voted with the Government after doing a deal in relation to the unfair dismissal provisions. It received Royal Assent on 7 April 2009.
Employment Law - The New Fair Work Act - New National Employment Standards (2)
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Under the Fair Work Act, the new National Employment Standards provide a new national safety net, irrespective of whether or not businesses enter into a Workplace Agreement.
Employment Law - The New Fair Work Act - Contracting With Employees (3)
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Essentially, with the introduction of the Fair Work Act, there are two ways in which an employer can contract with the employees in its workforce. The first is by way of common law contracts of employment. This is the subject of a separate LAC Lawyers’ article available through the website.
Employment Law - The New Fair Work Act - Collective Agreements (4)
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Employment Law - The New Fair Work Act - Consequences & The Agreement Making Process (5)
Date: August 14, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
If a workplace agreement replaces guaranteed agreement terms or conditions in a reference instrument with benefits that may or may not be realised during the life of the agreement, the Workplace Authority Director would consider these arrangements to be a reduction in the employees’ terms and conditions.
Success in an Appeal to a University Body for an Accusation of Plagiarism
Date: August 04, 2009
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Successful building defects claim
Date: June 25, 2008
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Success for our client who was wrongly pursued for a debt she did not owe
Date: June 25, 2008
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Business Law: Obtaining embarrassing documents from banks, mortgage companies and insurers - the limits of legal professional privilege
Date: May 25, 2008
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The New South Wales Court of Appeal has handed down an important decision in Westpac Banking Corporation v. 789 Ten Pty Ltd which places a limit on legal professional privilege.
Commercial Litigation: When is your lawyer not really your lawyer?
Date: May 19, 2008
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Over the last decade, there has been enormous growth in the appointment of in-house lawyers employed by corporations to provide a range of legal services from corporate covenants to debt collection to litigation support and advice. These lawyers are generally called in-house or general counsel.
Franchising - ACCC Increases Focus on Franchisor Obligations
Date: February 08, 2008
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
New franchising regulations will commence on 1 March 2008. Franchisors will need to comply with the current franchising code up until 1 March 2008 and then comply with the amended code afterwards.
Partnership Agreements - Simple and Flexible Business Vehicles (Vic.)
Date: January 28, 2008
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The only real test is whether the parties were carrying on a business in common with a view of profit as defined in the Partnership Act. For taxation purposes it simply amounts to the joint receipt of income.
Franchise Agreements: Franchisee and Franchisor Responsibilities
Date: January 21, 2008
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Franchisees and franchisors should always seek legal advice before entering into franchise agreements. The question arises, however, as to whether a lawyer should act for both or only one party.
Insolvency & Bankruptcy Law - Asset Protection - Can a house be seized from a spouse in bankruptcy proceedings
Date: November 20, 2007
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Notwithstanding the spectacular growth of the share market and of superannuation funds, the matrimonial house remains the single greatest asset for most people.
Property Law - Compulsory acquisition of land in Victoria by Government Departments, Victorian Statutory Authroities such as VICroads and by Municipal Councils
Date: November 20, 2007
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
From time to time, Victorian State Government Departments, Victorian State Instrumentalities such as VicRoads, and Municipal Departments wish to obtain privately owned land for public purposes such as proposed road widening.
Criminal Law - Drink Driving Offences (Vic.)
Date: December 18, 2006
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.