Michael Heaton QC
Barrister, Arbitrator, Mediator & Adjudicator LLB; LLM; BJuris; FCI Arb (UK); FACICA; MIAMA
Michael Heaton QC holds a Masters degree in Law from the University of Melbourne as well as a Bachelor of Laws and a Bachelor of Jurisprudence from Monash University in Victoria, Australia.
Mr Heaton was appointed Queens Counsel in 1999. He is a Fellow of the Chartered Institute of Arbitrators (UK) and a Fellow of the Australian Centre for International Arbitration (ACICA) and on its Panel of Arbitrators. He is also member of the Institute of Arbitrators and Mediators Australia and an IAMA registered Grade 1 Arbitrator.
Mr Heaton is an Adjudicator under the Building and Construction Industry Security of Payment Act in Victoria, Australia.
He is an accredited Mediator under the National Mediation Accreditation System in Australia and a Victorian Bar accredited Advanced Mediator. He is on the ACICA Mediation Panel, the IAMA Mediation Panel, and the Panel of Franchise Mediators under the Franchise Code in Australia.
He is admitted to practice in all Australian States, the Australian Capital Territory and the Northern Territory.
In recent years Mr Heaton has practised in a broad range of areas including building and construction, commercial, corporations, trade practices, sale of land, mortgages, landlord and tenant, professional negligence, equity, constructive trusts, testators family maintenance, administrative law and town planning. He also practises as an Arbitrator, Adjudicator and Mediator.
Cases in which Mr Heaton has been involved include a dispute between two publicly listed companies relating to the Eastlink toll way project in Victoria (Adjudication), substantial claims in an arbitration over construction of a nursing home, leave to appeal and appeals under the Commercial Arbitration Act, indefeasibility of title under the Transfer of Land Act, landlord and tenant and repudiation, disputes between mortgagees and mortgagors including fraudulent registration of mortgages, corporations including validity of dispositions, directors liabilities and ASIC examinations, equity including fiduciary obligations, constructive trusts, proprietary estoppel and equitable compensation, professional negligence including stockbrokers and solicitors and vendor and purchaser disputes.
Mr Heaton chairs the Alternative Dispute Resolution Committee of the Victorian Bar which covers arbitration, adjudication and mediation, and is on the IAMA Victorian Chapter Committee.
He is author of the Guarantee and Indemnity Section of the Lexis Nexis Court Forms and Precedents Victoria.
He is a member of the Victorian Commercial Bar Association, the Australian Insurance Law Association the Society of Construction Lawyers Australia, the Building Dispute Practitioners Association and the Victorian Planning and Environmental Law Association.
