Mr Michael D G Heaton QC

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In recent years Michael has practiced in a broad range of areas including, commercial, contract, corporations, trade practices, building and construction, sale of land, mortgages, landlord and tenant, professional negligence, equity, constructive trusts-family disputes, testators family maintenance.


Michael is a Fellow of the Chartered Institute of Arbitrators (UK), a Fellow of the Australian Centre for International Commercial Arbitration and a member of the Institute of Arbitrators and Mediators Australia.  He is on the ACICA Panel of Arbitrators and is an IAMA Registered Grade 1 Arbitrator.

He is an Accredited Adjudicator under the Building and Construction Industry Security of Payment Act (2002) (Vic) as amended.

Michael is a Nationally Accredited Mediator and a Victorian Bar Accredited Advanced Mediator.  He is on the ACICA Panel of Mediators, the IAMA Panel of Mediators and the Panel of Franchise Mediators under the Franchise Code.

He is a member of Melbourne TEC Chambers (MTECC) (www.mtecc.com.au).

Leading cases in which he has been involved include:

  • Hill v Rose (1990) VR 129 (Fiduciary obligations, equitable compensation)
  • Commonwealth Bank of Australia v Friedrich & Ors (1991) 5 ACSR 115 (Corporations – Directors Liabilities)
  • Vassos v The State Bank of South Australia [1993] 2 VR 316 (indefeasibility of title)
  • Australian Horizons (Vic) Pty Ltd v Ryan Landco Pty Ltd [1994] 2 VR 463 (SS6 and 14 Sale of Land Act)
  • Beatty v ANZ Banking Group [1995] 2 VR 301 (fraudulent registration of mortgage)
  • Constante v City of Preston (1994) 1 VR 379 (Local government, discontinuance of road)
  • Karenlee Nominees Pty Ltd v ACN 004312234 Ltd (1995) 8 ANZ Ins Cases 61 – 236 (insurance)
  • HG & R Nominees Pty Ltd v Fava [1997] 2 VR 368; (1995) v ConvR 54-522 (enforcement of mortgage, mortgagor’s defences)
  • Baker v Microdos Computers Aust Pty Ltd (in liq) (1996) 20 ACSR 148 (corporations void dispositions)
  • Monty Financial Services Ltd v Delmo [1996] 1 VR 65 (removal of administrator)
  • Corio Bay & District Private Hospital NH Pty Ltd v The Minister & Others (1998) 157 ALR 181 (private nursing home Aged Care Act 1997, allocated places, landlord and approved provider)
  • Ali v Hartley Poynton Ltd [2002] VSC 113 (to late March 2001) (Stockbroking – Professional Negligence)
  • Apriaden Pty Ltd v.Seacrest Pty Ltd (2005) 12 VR 319 (Landlord & Tenant repudiation)
  • Wayne Terry Kerr v JP & M (Billabidgee) Pty Ltd & Ors [2006] NSWSC 1044 (Trusts, constructive trusts proprietary estoppel family farming enterprise)


Michael has also appeared in hearings before the Australian Securities and Investments Commission.

Michael also has extensive experience in matters relation to private nursing home operations, ie: validations, prosecutions, administrative appeals.

Given his experience and interests he is willing to practice in most areas.

Michael chairs the Alternative Dispute Resolution Committee of the Victorian Bar which covers arbitration and mediation and adjudication.  He is on the IAMA Victorian Chapter Committee. He is on the Supreme Court Arbitration Users Group.

He is the author of the Guarantee & Indemnity Section of Lexis Nexis Court Forms and Precedents Victoria.

He is a member of the Victorian Commercial Bar Association, the Australian Insurance Law Association, the Society of Construction Lawyers Australia, the Building Dispute Practitioners Association and the Victorian Planning and Environmental Law Association.

He was on the Board of Methodist Ladies College for six years.  He is Chairperson of the Human Research Ethics Committee for Converge Australia (formerly the Inter Church Trade & Industry Mission Australia Inc) and the Christian Research Association. 

He was a resident representative on the City of Boroondara West Hawthorn Urban Design Framework Committee.

Liability limited by a scheme approved under Professional Standards legislation.

Formal Details 0

  • Admitted to Practice
    01 March 1972
  • First Signing Bar Roll
    11 September 1975
  • Date Appointed Silk
    23 November 1999
  • Qualifications
    LLM, LLB, BJuris, FCI Arb (UK), FACICA, MIAMA Grade 1 Arbitrator І Nationally Accredited Mediator І Victorian Bar Accredited Advanced Mediator and Adjudicator (Victoria)

Areas of Speciality

  • Arbitration & ADR
  • Banking & Finance
  • Building & Construction
  • Corporations & Securities
  • Equity
  • Insolvency Law
  • Insurance & Professional Negligence
  • Intellectual Property & Trade Practices
  • Property & Probate
  • Sports

Areas of Mediation

  • Arbitration & ADR
  • Banking & Finance
  • Building & Construction
  • Corporations & Securities
  • Equity
  • Insolvency Law
  • Insurance & Professional Negligence
  • Intellectual Property & Trade Practices
  • Property & Probate
  • Sports