Michael LoewensteinCONTACT DETAILS
Phone: (+61)(02) 9223 2438
Fax: (+61)(02) 9221 7183
Email Michael Loewenstein
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Barrister: February 1991
Solicitor: December 1983
Degrees and accreditations
BA, University of New South Wales (1979)
LLB, University of New South Wales (1983)
MA, University of New South Wales (1980)
- Commercial law
- Alternative Dispute Resolution
- Building and construction
- Professional negligence
- Property law
Michael is an extensively experienced practitioner of over 20 years standing at the New South Wales Bar. Throughout his career, he has maintained a practice in the Commercial and Equity divisions of the Supreme Court of New South Wales, the District Court of New South Wales, and a diversity of other jurisdictions. He has also appeared lead and as leading counsel in the High Court of Australia.
Primarily a commercial barrister, Michael has extensive experience and knowledge across a range of commercial disputes of varying size and complexity. These include shareholder disputes, due diligence consequences, breach of contract claims, and claims arising out of misrepresentations and misleading conduct.
Michael has also appeared in construction law matters, professional negligence claims, and mortgage enforcement litigation in which he has acted for both mortgagees and mortgagors.
ALTERNATIVE DISPUTE RESOLUTION
Michael has been involved in numerous mediations acting either as the mediator, and in other cases on behalf of a party.
As a mediator, Michael takes a facilitative approach in order to give both parties an equal voice in the resolution of a dispute. He is adept at ensuring discussions remain focused on the real issues in dispute, and is conscientious in steering the parties towards a realistic, cost effective outcome.
Michael has also been involved in numerous building arbitrations including in relation to:
- The Federal Airport Corporation ats Multicon Engineering
- The World Square Development
- The West Ryde Tunnel dispute between Transfield Corporation and Ryde City Council.
Selected cases in which Michael has appeared include:
Al Achrafi v Topic  NSWSC 1807 - Contracts
Hargraves Secured Investments Ltd v Sharpe  NSWSC 177 – Mortgages, power of sale
HM&O Investments v Ingram  NSWSC 958 – misleading and deceptive conduct in the manufacture and sale of playground equipment
Waller v Hargraves Secured Investments Limited  HCA 4 – Mortgage enforcement under the Farm Debt Mediation Act
Drake v Mylar Pty Ltd & Anor  NSWSC 1578 –misleading and deceptive conduct
Wireton Holdings Pty Limited v Price & Ors  ACTSC 65 – Failure to complete contract of sale
Morgan & Banks Developments Pty Ltd v Kenoss Pty Ltd  NSWSC 1476 – interpretation of contracts
Owners of Strata Plan 62930 v Kell & Rigby Holdings Pty Limited  NSWSC 612 – Building and construction dispute claim for breach of statutory warranties
Peter Smythe v Vincent Thomas  NSWSC 844; NSWLR 537 – Interpretation of contract for sale of goods on Ebay
Roluke Pty Limited & Anor v Lamaro Consultants Pty Limited & Anor  NSWCA 323;  NSWSC 349 – negligent design of concrete slabs by an engineer
- Australian Construction Law Discussion Group
- Professional Conduct Committee, New South Wales Bar Association
- Committee Member of the Australian Insurance Law Association