Michael Bearman

  • Barrister - victorian bar
  • Owen Dixon Chambers West, Room 1706, 525 Lonsdale Street, Melbourne VIC 3000
  • BAR ROLL: 1998 | ADMITTED: 1988
  • +61 3 9225 8799 | 0412 484 352
  • bearman@vicbar.com.au
Michael Bearman Barrister

Experience:
 
Michael’s has over 30 years’ experience advising and appearing for clients in difficult matters across a wide range of legal areas, including in taxation law, commercial litigation, corporations’ law, equity and trusts, bankruptcy, corporate insolvency, and administrative law.  Michael is a Chartered Tax Advisor (TIA).  He has been ranked as of Melbourne’s “pre-eminent” taxation barristers (Doyles Guide 2017, 2016), and was the APAC Tax Advisor  of the Year 2018.
 
Recent cases:
 
Cro Travel Pty Ltd v Australia Capital Financial Management Pty Ltd [2018] NSWCA 153 (Meagher, Ward JJA and Barrett AJA) – Michael led S P Thomas in an appeal from the district court concerning  shipping law, bills of lading agency principles, and equitable assignments.  Contra E Cox of the NSW Bar.
 
Lopez v Harstedt Pty Ltd [2018] VSCA 19 (Santamaria and Niall AJA) – Michael appeared pro bono in an extension of time for leave to appeal to Court of Appeal (Duty Barrister Scheme).  Contra D G Robertson and R T Campbell.
 
Owners Corporation RP 3454 v Ainley [2017] VSC 790 (Derham AsJ) – Michael led D Diaz in an appeal from VCAT as to the validity of an owners' corporation rule prohibiting external amendments to lots.  Contra N Jones.
 
Cresswell v Creswell [2017] VSCA 272 (Santamaria, McLeish JJA, and Keogh AJA) – Michael led K Mihaly in an appeal concerning the interaction of equitable estoppel and contract law, and procedural fairness in a trial.   Contra C R Northrop.
 
Archibald v Powlett [2017] VSCA 259 (Redlich, Osborne and McLeish JJA) – Michael led L Davis pro bono (Duty Barrister Scheme) in an appeal concerning duplicate proceedings in respect of a joint contractual liability, and the quantum of damages.  Contra Dr A Hanak, pro bono.
 
Vlahos Pty Ltd v Vlahos [2017] VSCA 166 (Tate, Kyrou and McLeish JJA) –Ian Hardingham, QC led Michael in an appeal concerning the correct approach as to when a presumption of resulting trust will be rebutted, and the part performance of oral contracts for the sale of land.  Contra P Collinson, QC.
 
Vasiliades v Commissioner of Taxation [2017] HCA Trans 104 (Kiefel CJ, and Keane J)– an application for special leave to appeal to the High Court concerning an order for security for costs in favour of the Commissioner.  Contra S Sharpley, QC with S Linden.
 
Piper Alderman v Smoel [2017] VSCA 42 (Beach and Ferguson JJA, and Cameron AJA) – P Collinson, QC led Michael in an appeal on the distinction between itemised bills and lump sum bills in the taxation of costs.  Instructing solicitors: Piper Alderman.  Contra, P Lovell, instructed by Castra Legal Costing.
 
Commissioner of Taxation v Vasiliades [2017] FCAFC 170 (Dowsett, Kenny and Edelman JJ) – H Symon, QC led Michael in an appeal concerning whether the Commissioner of Taxation was entitled to seek security for costs against an offshore taxpayer in proceedings under Pt IVC of the Taxation Administration Act 1953.  Contra S Sharpley, QC with S Linden.
 
Vasiliades v Commissioner of Taxation (No 2) [2017] FCA 185 (Davies J) – An application for leave to give evidence by video link.  Contra S Sharpley, QC with S Linden.
 
Vlahos v Vlahos [2016] VSC 824 (Digby J) – Michael led S Karabidian in an application for leave to bring appeal proceedings on behalf of a company by way of derivative action under ss 236 and 237 of the Corporations Act 2001Contra M Gronow.
 
Galea v Commissioner of State Revenue (2016) VCAT 1865 (Judge Dyer) – Michael appeared for a taxpayer on a question whether within Metropolitan Melbourne was used for primary production and exempt from land tax.  Contra D Morgan.
 
Vlahos v Vlahos Pty Ltd (No. 3) [2016] VCC 1619 (Judge Cosgrave) – a costs dispute.  Contra M Gronow.
 
Vlahos v Vlahos Pty Ltd (No. 2) [2016] VCC 1544 (Judge Cosgrave) – an application to reopen a case after judgment but prior to final orders.  Michael led S Karabidian.  Contra M Gronow.
 
Vlahos v Vlahos Pty Ltd [2016] VCC 1250 (Judge Cosgrave) – Michael appeared for the defendants in a case involving claims for equitable interests in land.  Contra M Gronow.
 
Deputy Commissioner of Taxation v Burhala (No.2) [2016] FCCA 2241 (Judge Burchardt) – Michael led A Purton on a question whether the defendant had departed Australia with a purpose of defeating the Deputy Commissioner as a creditor.  Contra T Connard.
 
Deputy Commissioner of Taxation v Burhala [2016] FCCA 2225 (Judge Burchardt) – Michael led A Purton of counsel on an interlocutory question whether a defendant should be allowed to appear by video link from overseas.  Contra Tim Connard.
 
Commissioner of Taxation v Ludekens (No 2) [2016] FCA 755 (Pagone J) – Michael led H Kirimof at a hearing as to the quantum of civil penalties to be imposed for a breach of the “promoter penalty provisions” under the taxation legislation.  Contra Peter Sest, QC with Sam Ure, and Darryl Williams, QC, Andrew de Wijn
 
Smoel & Wooster v Piper Alderman (No 2) [2016] VSC 237 (McMillan J) – a important decision on the distinction between lump sum bills and itemised bills under the legal profession legislation. Contra Peter Lovell.
 
Vasiliades v Commissioner of Taxation [2016] FCA 420 (Davies J) – Helen Symon, QC led Michael in a case concerning security for costs applications brought by the Commissioner. Instructed by HWL Ebsworth.  Contra A Sharpley, QC with S Linden.
 
Recent papers:
 
Property taxes – a refresher on recent changes, Tax Institute of Australia, 21 June 2018
 
GST withholding on supplies of new residential property, Greens List, 9 May 2018
 
Case Update for SME’s, with Daniel Diaz, Victorian 5th Annual Tax Forum Tax institute of Australia, 12 October 2017
 
Taxation and the Conclusion of Litigation: What Litigators Need to Know, Greens List, 13 June 2017
 
Thomas v Commissioner of Taxation - What are the implications for trustees? with Terry Murphy, QC and Fiona Cameron, Tax Bar Association, 8 May 2017,
 
Foreign resident withholding tax: an exercise in complexity, with Daniel Diaz, Greens List, 2 June 2016
 
Effectively and efficiently running commercial litigation to a budget, Legalwise: CPD Mandatories Made Easy for Litigators: InterContinental Melbourne, The Rialto, 18 March 2016
 
Other:
 
Tax Bar Association, Committee Member 2010-2018
 
Tax Institute of Australia, State Taxes Committee 2012-2018
 
Victorian Bar Pro Bono Committee, 2016.  n 2016 Michael was a nominee for Pro-bono Barrister of the Year (Victorian Bar) for his extensive pro bono contributions over many years.
 
From 21/5/2009, Liability limited by a scheme approved under Professional Standards Legislation.
 
 
 

To get in touch with Michael Bearman | or for more information please contact the Clerk on: +61 3 9225 7222 or clerkb@greenslist.com.au

Liability limited by a scheme approved under Professional Standards legislation.

publications - presentations - seminars

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