Michael Thomas

ADMITTED  2011    BAR  2021

CLERK CONTACT  03 9225 7999
PHONE  9225 7999
MOBILE  0402 334 537

LOTE   German  

Michael Thomas, BA / LLB / LLM (candidate)


  • Administrative Law
  • Class Actions
  • Commercial Law
  • Common Law
  • Competition Law
  • Contract
  • Employment / Industrial
  • Environment
  • Equity / Equitable Relief / Trusts
  • Insurance
  • Occupational Health and Safety
  • Product Liability
  • Property Law
  • Regulatory Tribunals




Michael practises primarily in commercial, regulatory and public law.

Before being called to the bar, Michael practised as a solicitor for 10 years, initially at Lander & Rogers, and most recently as the General Counsel of Litigation for one of Australia’s largest companies.

Michael has experience acting in a broad range of commercial disputes as well as in competition law, employment, property, insurance and product liability matters.

Michael also brings to his practice, significant ‘front end’ commercial experience, having led a broad range of M&A and other corporate transactions.

Michael is a co-author of The Laws of Australia: Breach of Contract and is currently undertaking a Master of Laws at the University of Melbourne. Michael holds a Bachelor of Laws from Monash University and a Bachelor of Arts (Journalism & Public Relations) from RMIT University. Michael has also studied German at the Freie Universität in Berlin as the recipient of a full scholarship from the German Academic Exchange Service.

Michael read with Jonathan Kirkwood SC and his senior mentor was David Batt KC.

Some of Michael’s current and recent matters include:

Commercial matters

AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd [2023] FCA 1022 (led by T Castle SC and Dr C Parkinson KC, with others, instructed by HWL Ebsworth)

Briefed for the owners of Australian Mercedes-Benz franchises who alleged Mercedes-Benz had engaged in unconscionable conduct in terminating dealership agreements and implementing a direct to customer sales model.

Fan v Yao [2022] VCC 509 (unled, instructed by Herald Legal)

Briefed for the plaintiff to enforce a loan agreement entered into in China, against a borrower domiciled in Australia.

Burwood Council v Visy Paper Pty Limited [2019] NSWSC (led by N Bender SC, instructed by Arnold Bloch Leibler)

Briefed for Visy in relation to a dispute over the interpretation of a commercial contract.

Hillman v Mayne Pharma Group Ltd [2020] VSC (led by J Kirkwood SC, instructed by Herbert Smith Freehills)

Briefed for Mayne Pharma in a class action relating to allegations that Mayne breached its continuous disclosure obligations and engaged in misleading and deceptive conduct in connection with information about alleged price-fixing in the United States.

In the matter of FTX Australia Pty Ltd (Administrators Appointed) [2023] VSC (led by D Guidolin SC, instructed by Ashurst)

Briefed for parties seeking to be recognised as creditors of FTX entities in administration.

Doxa Youth Foundation & Ors v Doxa Community Club [2022] VSC (instructed by Septimus Jones & Lee)

Briefed for the plaintiffs in oppression proceedings.

Baroud Nominees Pty Ltd v Mereland Technology Pty Ltd [2022] VCAT 516 (unled, instructed by Bentleys)

Obtained declaratory relief for a landlord in relation to the proper interpretation of rent review provisions of a commercial lease.

Employment law matters

Geotesta Pty Ltd v an Employee [2022] VSC (unled, instructed by Hicks Oakley Chessell Williams)

Obtained urgent injunctive relief against a former employee in connection with confidential information obtained in course of the employment relationship.

Regulatory matters

Fair Work Ombudsman v House of Hoi An Pty Ltd [2022] FedCFamC2G 133 (unled, instructed by Aitken Partners)

Briefed for an employer company and director in a penalty hearing relating to contraventions of the Fair Work Act 2009 (Cth).

From 21 October 2021, liability limited by a scheme approved under Professional Standards legislation.