Michelle Harpur
Partner
Litigation, Insolvency, Transport & Logistics
Michelle is a leading practitioner in litigation and alternative dispute resolution, with experience in a wide range of disputes. Michelle brings to her clients over 25 years of experience in conducting litigation in superior courts throughout Australia, and the strategy and planning necessary for risk management and a successful outcome.
She has a focus on the property and IT industries, encompassing disputes as diverse as claims relating to copyright in project homes, the Australian Consumer Law (formerly Trade Practices Act) claims, voidable preferences, managed investment schemes and "bet the farm" litigation.
Michelle is also a highly regarded insolvency lawyer, and has advised banks and insolvency practitioners all her career in relation to enforcement of security, and the varied issues which arise in voluntary administrations, receiverships and liquidations.
She has also acted for clients, including major property developers, private equity companies and banks in high value, high profile commercial disputes throughout Australia.
Michelle's expertise in risk management is the key strength in her litigation practice, underpinning her belief that lawyers have a crucial role to play in mitigating risk in any transaction.
Recently, Michelle has successfully represented clients in a number of difficult cases arising out of project delivery and joint venture agreements, shareholder agreements and shareholder oppression suits, professional negligence actions and regulatory investigations. She has also recently been involved in both prosecuting and defending voidable transaction claims.
Expertise
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Successfully representing a large property developer in a claim against Delfin Lend Lease concerning the exercise of alleged rights by Delfin Lend Lease under a Project Delivery Agreement
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Successfully representing a startup IT company in a shareholder oppression action and negotiating a successful outcome without resorting to litigation
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Regular representation of liquidators in actions for recovery for preferences and other voidable transactions under the Corporations Act
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Successful defence of a claim by a liquidator for recovery of a substantial preference claim
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Advising in relation to the voluntary administration of a property developer, including issues arising in relation to managed investment schemes and creditors trusts in the context of Deeds of Company Arrangement
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Representing landlords and tenants in lease disputes
- Email:
- meh@swaab.com.au
- Phone:
- +61 2 9233 5544
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