rose

Michael Rose

Contact Details

  • Called to the Bar

    August 2014

  • Michael has been listed in the 2016 Edition of Doyle’s Guide as a Recommended Counsel in the area of Insolvency & Reconstruction Law.

  • Areas of Practice

  • Qualifications

    Master of Laws (University of NSW)

    Bachelor of Laws (University of Wollongong)

    Bachelor of Commerce (University of Sydney)

  • Professional experience

    Senior Associate, Norton Rose Fulbright Australia, 2012-2014

    Associate, Norton Rose Australia, 2007-2012

    Summer Clerk, Deacons, 2005-2006

  • Selected Cases

    Selected Published cases as counsel:

    Yakushiji v Daiichi Chuo Kisen Kaisha [2015] FCA 1170: obtaining orders for cross- border insolvency recognition of appointment and consequential orders.

    Neale v Commonwealth Bank of Australia Lid trading as Bank of Western Australia [2015] NSWCA 272: (led by P Dowdy) successfully acted for CBA in opposing appeal against judgment obtained against debtor.

    Eriksson v Melluish [2015] FCCA 1223: acted for Trustee in successfully opposing application by examinee to set aside summons.

    Commonwealth Bank of Austrafia v James [2015] NSWDC 68: successfully acted for CBA on opposing application to set aside judgment.

    Australian and New Zealand Banking Group Limited v Fisher [2014] NSWSC 1643: successfully acted for ANZ on opposing stay application.

    Rahman v Dubs (No 2) [2012] FCA 1081: successfully acted for the insured on appeal against making of sequestration order by the Federal Magistrates Court of Australia.

    Rahman v Dubs [2012] FCA 849: successfully acted for the insured on the application by the debtor for a stay of creditor’s petition.

    Dubs v Rahman [2012] FMCA 664: successfully acted for the insured on the hearing of a contested creditor’s petition.

    Bank Of Western Australia Ltd v Robert Wise [2011] FMCA 1042: successfully acting for the Bank on the hearing of a contested creditor’s petition.

    Selected Cases as Counsel:

    In the matter of Copperart Holdings Pty Ltd (Administrators Appointed) ACN 065 345 968 and Ors (2015): acting for administrators in obtaining orders extending convening period in complex administration (Federal Court of Australia).

    Commonwealth Bank of Australia Limited v Eriksson (2013): successfully acted for CBA on application to set aside bankruptcy notice (Federal Circuit Court of Australia).

    Commonwealth Bank of Australia Limited ats Wise (2011): successfully acted for CBA on application by debtor to stay and set aside judgment (Supreme Court of New South Wales).

    Commonwealth Bank of Australia Limited ats Wise (2011): successfully acted for Bank on application by debtor to set aside bankruptcy notice (Federal Magistrates Court of Australia).

     

  • Publications

    “Bankrupt New Zealander bankrupt in Australia” (2012) 12 (5) Insolvency Law Bulletin 118 (with Dr. David Goldman).

    “New Zealand liquidators obtain search warrant in Australia” (2011) 12 (2) Insolvency Law Bulletin 44 (with Dr. David Goldman).

    “Claims Presentation and Resolution in Insolvency Proceedings: Australia” chapter published in Claims Presentation and Resolution in Insolvency Proceedings (2008) Insol International (with Dr. David Goldman).