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Name : Michael John CREELMAN
Email :

michael@creelmanlawyers.com.au

Academic Qualifications

  • Bachelor of Economics (Monash University) 1975
  • Bachelor of Laws (Monash University) 1977
  • Graduate Diploma of Legal Studies (Monash University) 1988
  • Graduate Diploma of Judicial Administration and Alternative Dispute Resolution (Melbourne University) 2000

Professional Qualifications

  • Solicitor of the Supreme Court of Queensland (2000)
  • Barrister and Solicitor of the Supreme Court of Victoria (1978)
  • Attorney, Solicitor and Proctor of the Supreme Court of New South Wales (1981)
  • Specialist Accreditation in Commercial Litigation, Law Institute of Victoria (1993)
  • Mediation Certificate, Dispute Resolution Centre, Bond University (1997)
Professional Associations
  • Law Institute of Victoria
  • Law Council of Australia
  • Litigation Lawyers Section Executive – Law Institute of Victoria
  • Chairman, Commercial Litigation Specialisation Advisory Committee – Law Institute of Victoria
  • Institute of Arbitrators and Mediators Australia

Teaching Experience

  • Visiting Teaching Fellow at Melbourne University in the Masters Degree subject of “Securities for Corporations” (1994 – 1997)

Articles Published

  • Mediators Notes of the Mediation – A Mediator’s Protective Device – The ADR Bulletin, February 1999 Vol. 1 No. 8.
  • Directors and other Relevant Persons as Chargees: A Window Opens? – Butterworths Corporation Law Bulletin, 23 rd September 1994, Issue No. 19.
  • Examining a person about a Corporation: Section 596B – Discretionary Examinations, Australian Corporate News, Issue 22.
  • Problems for Creditors dealing with a Company subject to Deed of Company Arrangement – Vol. 5 (1995) Australian Journal of Corporation Law.
  • Blunting the Y2K Bug – Bite: A New Provision for Compliance Statements – Issue 27 April 1999 BG Law.
  • Voluntary Administrators’ report – Issue 22 December 1997 BG Law.
  • Guarantees – A Word of Caution – Barker Gosling home page, August 1999.
  • Debt Agreements – An Alternative to Part X Arrangements – Barker Gosling home page, December 1997.

Papers Presented

  • The Expert Witness from the Solicitor’s Perspective – The Institute of Valuers and Land Economist, May 1994.
  • Pre-Proceeding or Preliminary Discovery – paper presented to the Law Institute of Victoria, 21 June 1999.
  • Character, Imitation, Corporate Advertising and Misleading or Deceptive Conduct – paper presented to Family Council of Australia, 21 April 1999
  • Creditors’ Claims in Company Liquidations – paper presented to Insolvency Practitioners Association of Australia, April 1993.
  • Preferences and Priority of Debts – Actions under Section 592 of the Corporations Law – paper presented to Australian Chamber of Manufacturers, 11 June 1991.
  • Schemes of Arrangement and Official Management – paper presented to Insolvency Practitioners Association of Australia, 27 April 1993.
  • Negotiating Skills involved in Plea Bargaining - Seminar and Paper presented to Work Safe Lawyers, 1 August 2001
  • The Extension of Costs Orders Against Non - Parties to Litigation—Has the Costs Net Widened? –Paper presented to in- house seminar of Raj Lawyers, 24 September 2003
  • Price Fixing -The Provisions of sections 45 and 45A of the Trade Practices Act 1974- Seminar and Paper presented at Westin at Sydney, 7 October 2003
  • GST consequences of Costs Orders and Out of Court Settlements - Seminar and Paper presented to Raj Lawyers, 15 October 2003
  • Expert Evidence -The New Rules in the Supreme and County Courts - Seminar and Paper presented to Raj Lawyers, 14 January 2004

 

Papers Presented (Continue)

  • Costs Orders Against Non -Parties to Litigation –Seminar presented to the LIV on 9 May 2005 in the Civil Litigation Series.
  • Papers presented at Melbourne University in Masters Degree Course, Securities for Corporations
    • Synopsis of part 5.2A – Administration of a Company’s Affairs with a view to executing a Deed of Company Agreement.
    • Problems posed by Section 205(1)(a) of the Corporations Law (financial assistance prohibition).
    • To what extent has the legislation creating the role of “Managing Controller” impacted upon the priority rules regarding registered charges?
    • Is a Receiver sufficiently independent to act as a Provisional Liquidator of a corporation?
    • Controllers/Receivers and an analysis of the Bond Brewing Case.
    • The special position of the Commissioner of Taxation -–Section 221 of the Income Tax Assessment Act 1963 and the Pre-Insolvency (Tax Priorities) Legislation Amendments Act 1993.
    • Registration of Charges.
    • Is there any advantage to a Mortgagee entering possession of secured assets following the Corporate Law Reform Act 1992 and the Insolvency (Tax Priorities) Legislation Amendment Act 1993?
    • Liquidation – effects on rights of creditors.
    • Antecedent transactions – Part 5.7B of the Corporations Law.
    • Casting vote and review by the Court.
      Section 600A – powers of the Court where outcome of voting at creditors’ meetings is determined by a related party

Employment Summary

  • Sole Practitioner 18 May 2004 and continuing
  • Associate Partner – Raj Lawyers (July 2003 to 15 July 2004
  • Manager – Legal Services and Investigations Division, Victorian WorkCover Authority (2001 to July 2003);
  • Partner – Barker Gosling, Brisbane (2000);
  • Partner —Barker Gosling, Melbourne (1986 to 1999) ;
  • Solicitor – Barker Harty & Co, Melbourne (1984-1986);
  • Claims Processor/Account Executive – Frank B Hall & Co (Insurance Brokers) (1982-1984);
  • Solicitor – F W Todhunter & Sons (1981-1982);
  • Solicitor – Gair & Brahe (1979-1981);
  • Solicitor – Gair & Brahe (1978-1979);
  • Articles – Gair & Brahe (1977).
Work Experience
  • Creelman Lawyers
    Commercial Litigation involving Restrictive Trade Practices with a particular emphasis on section 45 and 45A (price fixing) of the Trade Practices Act 1974, Corporate Law, Insolvency, Insurance, Debt collection and Mediation
  • Raj Lawyers
    Manager Melbourne Office
    Dispute Resolution of commercial litigation involving Company Law, Restrictive Trade Practices and Insolvency;
  • Victorian WorkCover Authority
    Manager of Legal Services Division of WorkSafe responsible for legal advice, investigation and prosecution of offences under the Occupational Health and Safety Act 1985 and related legislation;
    Barker Harty & Co / Barker Gosling
    Dispute Resolution including restrictive trade practices, contract, torts, insolvency, debt collection, intellectual property, employment, directors’ liabilities and trusts;
    Board Member of Barker Gosling National from 1997 and appointed Chairman of the Board from June 1999 to December 2000;
  • Frank B Hall & Co
    Insurance claims, policy interpretation and account executive with particular emphasis on directors’ and officer’s liability insurance.
  • F W Todhunter & Co
    Commercial litigation, personal injury, workers’ compensation, crime, and road traffic;
  • Gair & Brahe
    Commercial Litigation, local government, and crime;
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