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MITCHELL DOWNES

MITCHELL DOWNES

PARTNER

Telephone: (07) 3007 3715 | Email: mdownes@mahoneys.com.au

Position

Mitch is a partner in the Mahoneys commercial litigation team. Mitch joined Mahoneys in 2009 and since that time has practised exclusively in commercial litigation, with a focus on corporations and insolvency. Mitch maintains a court-work practice and regularly appears in courts and tribunals as advocate without counsel.

While Mitch is a technical lawyer and robust litigator, he always aims to provide commercial solutions to his clients. He partners with his clients to provide tailored and practical advice that identifies and manages risk, resolves disputes (where appropriate) and provides representation at trial. He delivers high quality advice and service while maximising the value clients' receive by partnering with them and taking time understand their business and individual circumstances.

Professional background

Mitch holds a Master of Laws from the University of Queensland and a Bachelor of Laws (Hons) from Queensland University of Technology. He was admitted as a lawyer in 2010 and has also been admitted as a lawyer of the High Court of Australia. He is a professional member of the Australian Reconstruction, Insolvency and Turnaround Association and a member of the Turnaround Management Association.

Expertise

Mitch’s primary areas of practice include:

  • insolvency and reconstruction
  • corporation, shareholder and partnership litigation
  • trust, equity and fiduciary litigation
  • general commercial (contract, real property and commercial tort) litigation
  • appeals.
Recent experience

I have recently acted for and advised:

  • an administrator to resist a contested winding up application brought against the company so that a deed of company arrangement could be considered at the second meeting of creditors
  • liquidators and administrators for remuneration claims
  • a petitioning creditor for a contested winding up application
  • liquidators and trustees in respect of admission to proof (or rejection) of creditors’ claims
  • directors being sued for insolvent trading
  • a creditor appealing the admission of another creditor’s proof of debt
  • liquidators and trustees for contested (including to trial) voidable transaction claims, including multimillion dollar ones
  • liquidators and administrators on asset preservation and sale
  • administrators and deed propounders to prepare deeds of company arrangement
  • a body corporate to successfully resist a statutory right of user (easement) claimed by developer who wanted to tunnel and demolish part of a basement wall
  • applicants for urgent ex parte search (Anton Piller) orders to protect confidential information and freezing (Mareva) orders to protect against the dissipation of assets
  • parties to declaratory and injunctive relief proceedings
  • a liquidator to resist a claim brought by a creditor to be subrogated to securities because of alleged fraud by the director of the company
  • commercial list matters involving the construction of commercial contracts
  • statutory trustees for sale of a land that was a terminated community titles scheme
  • a majority shareholder to resist oppressive conduct proceedings
  • liquidators, trustees and directors at public examination
  • businesses sued under the Australian Consumer Law
  • vendors and purchasers in relation to land and business sale contracts
  • a large property developer conducting litigation against groups of defaulting buyers in the wake of the global financial crisis
  • parties to cross-border litigation involving franchising and licensing dispute
  • caretaking service contractors to resist termination by bodies corporate of service contracts

Get In Touch To Discuss Your Legal Needs

  •  
    Brisbane Office
    +61 7 3007 3777
  •  
    Gold Coast Office
    +61 7 5562 2959