Michael Whitten has practiced in the law for over 25 years. After gaining early broad experience in various areas of law, he practises in commercial litigation, and specialises in building and construction disputes. He appears in all jurisdictions and forums across Australia.
Litigation: Michael has appeared in a number of notable cases involving technology, engineering and construction disputes, including, more recently:
Novawest Contracting v Brimbank City Council  VSC 679 – whether arbitration agreement inoperative or incapable of being performed.
Metier3 Pty Ltd v Enwerd Pty Ltd & Anor (No 3)  VSC 587 – validity of certificate of Practical Completion issued under Deed of Settlement.
Boat Harbour Beach Blue Waters Pty Ltd v Matthews Properties Pty Ltd  TASSC 59
Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd  VSCA 165
WTE Co-Generation & Anor v RCR Energy Pty Ltd & Anor  VSC 314
Austman Pty Ltd v Mount Gibson Mining Ltd  WASC 202 – a contract formation case.
Thiess Degremont v CFMEU, 2011/12 Supreme Court litigation.
Wheelahan & Anor v City of Casey & Ors  VSC 215 – a contamination case and class action involving claims in excess of $100 million.
SMEC Australia Pty Ltd & Anor v McConnell Dowell Constructors (Aust) Pty Ltd & Ors (No 2)  VSC 492 – South Australia desalination plant project.
Structural Systems (Constructions) v Hansen Yuncken Pty Ltd  FCA 1358
Godfrey Spowers (Victoria) Pty Ltd v Lincolne Scott Australia Pty Ltd & Ors  VSCA 208 involving cutting edge commercial building ‘green’ technology.
AJ Lucas Drilling Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd (No 3)  VSC 315;  VSCA 310; (No 2)  VSCA 128;  HCATrans 230 – involving the undersea Minerva gas pipeline project off Port Campbell in Victoria and innovative horizontal directional drilling engineering issues.
Premier Building & Consulting Pty Ltd v Spotless Group Limited & Ors (No 14)  VSC 126 – a contamination case.
Recognized in 2015 by Worldwide Who’s Who for Excellence in Commercial Law.
Recommended in Doyle’s Guide Leading Construction & Infrastructure Barristers – Victoria, 2017.
Included in the 10th Edition of The Best Lawyers in Australia for work in Construction/Infrastructure Law.
Arbitration: Michael also appears in commercial arbitrations, both domestic and international, and expert determinations. He is an accredited arbitrator with the Chartered Institute (MCIArb).
Mediation: Alternate dispute resolution is an important part of Michael’s practice. He is a nationally accredited mediator and has served on the Victorian Bar’s ADR Committee.
Publications: Michael is a co-author of the 4th and 5th editions of “Brooking on Building Contracts” published by Lexis Nexis Butterworths. He has presented a number of papers and CPD seminars for the Victorian Bar, the Law Institute of Victoria and private legal education organisations such as Legalwise, as well as lecturing in the Melbourne University Constrcution Law Masters Program.
Professional associations: CIArb, ACICA, Australian Society of Construction Law, Resolution Institute (formerly IAMA), Building Dispute Practitioners Society, Dispute Resolution Board Foundation, Tasmanian Bar, and member of the Victorian Bar’s International Arbitration Committee.
Liability limited by a scheme approved under Professional Standards legislation.
Phone: +61 3 8600 1777
Mobile: +61 412 812 762
Fax: +61 3 8600 1770Email: email@example.com