Dispute Resolver Directory

– Australia

Michael DG Heaton QC

Michael D G Heaton QC

Melbourne and all States
About my services

Advocate, arbitrator, adjudicator (Vic, WA and NT ) and mediator in a broad range of commercial areas. Mr Heaton has been practising for over 40 years.

Litigation

Mr Heaton practises predominantly in contract, commercial, corporations, insolvency, building and construction, banking and finance, property, trade practices and public law.

Arbitration

He practises as an arbitrator and represents parties in arbitrations. He was the arbitrator in Amasya Enterprises Pty Ltd v Asta Developments (Aust) Pty Ltd [2016] VSC 326. He is on the NBN panel and the NSW Mining and Petroleum Land Access Arbitration Panel and has arbitrated under that scheme.

Adjudication

He has carried out adjudications where disputes range from over $16 million to several thousand dollars. He was the adjudicator in APM DF2 Project2 Pty Ltd v Grocon Constructors (Vic) Pty Ltd [2014] VSC 596 and Commercial Industrial Group Pty Ltd v King Construction Group Pty Ltd [2015] VSC 426. He is also happy to advise and appear for claimants and respondents.

Mediation

Mr Heaton is a nationally accredited and Victorian Bar Advanced Accredited Mediator. He has been mediating for 30 years.  He is on the ACICA, RI and Franchise Code Mediation Panels.

Publications

He is the author of the "Guarantee and Indemnity" section of LexisNexis Court Forms and Precedents Victoria.

He has had articles and case notes published in the Arbitrator & Mediator.

Mr Heaton chaired the ADR Committee of The Victorian Bar for 8 years. He serves on the Board and Chairs the Risk Committee of Servants Community Housing Ltd. He chaired the Human Research Ethics Committee for the Christian Research Association, Converge Australia,Tabor College and Harvest Bible College for 16 years and remains on that committee.

Mr Heaton swims, sails a  Couta Boat, walks, reads the New Yorker and follows Monash Blues,Old Scotch and Collingwood Football Clubs and grandchildren.

 

Experience and qualifications

Post Nominals

LLM (Uni Melb) LLB BJURIS (Monash Uni) FCI Arb (UK), FACICA, MRI

Grade 1 Arbitrator, Adjudicator ( Vic, WA and NT), Nationally Accredited Mediator,Victorian Bar Accredited Advanced Mediator 

Mr Heaton was appointed Queens Counsel in 1999.

Other ADR Experience

See above

Key Cases Handled

Apriaden Pty Ltd v Seacrest Pty Ltd (2005)VR 139 - lease- application of contract law -repudiation

Monty Financial Services Ltd v Delmo [1996] 1 VR 65 - removal of administrator

Vassos v The State Bank of South Australia [1993] 2 VR 316 - immediate indefeasibility of title

Hill v Rose [1990] VR 129 - fiduciary obligations

Publications

Mr Heaton is the author of the ‘Guarantee and Indemnity’ section of LexisNexis Court forms and Precedents in Victoria.

Recent Articles include: Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA4 and Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 The Arbitrator & Mediator June 2018, ‘Security of Payment: Resolution of Some Divergences between the Eastern States The Arbitrator and Mediator (2017) 36(1) 8, ‘Security of Payment: Divergences between the Eastern States’ (2016) 35(1) 49 The Arbitrator & Mediator, ‘Security of Payment: Resolution of some Divergences between the Eastern States’ (2017) 36(1) The Arbitrator & Mediator, ‘Domestic Arbitration 2014: The Benefits of the New Acts and Recent Cases’ (2014) 33(1) 73 The Arbitrator and Mediator, and ‘The March 2015 Formula One Grand Prix, International Arbitration, Enforcement of Award and the Supreme Court of Victoria’ (2015) 34(1) 113 The Arbitrator & Mediator.

CV

As above.

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