Mitchell Kirk

Profile

Mitchell practises in commercial law, with particular expertise in real property disputes.

He is regularly briefed to advise and appear in matters relating to:

• General commercial litigation, including contractual interpretation disputes and debt recovery; 
• Property disputes, including matters relating to caveats, recovery of land, easements, sale of land contracts, and residential and commercial leasing;
• Owners corporations litigation;
• Winding up proceedings; and
• Injunction applications.

Some of Mitchell’s recent matters include:

• 75 Port Douglas Road Pty Ltd v Keystone Asset Management Ltd (receivers and managers appt’d) (administrators appointed) [2024] FCA 1269 (led by PJ Wheelahan KC)
• Balanced Securities Ltd v Muhammad Farooq (Supreme Court of Victoria, unreported) (led by K Brazenor)
• 358 Hampton Street Pty Ltd v Optima Funding Pty Ltd (County Court of Victoria, unreported) (led by K Brazenor)
• Braddock v D’Angelo [2025] VSC 710 (unled)
• Stonemart Pty Ltd v Sona Endeavours Pty Ltd & Ors (Supreme Court of Victoria, unreported) (unled)

Prior to joining the Bar, Mitchell was also an Associate to the Honourable Justice Macaulay in the Victorian Court of Appeal. He also practised as a commercial litigation solicitor at Maddocks and Allens. Since joining the Bar, Mitchell has taught Property Law at Monash University.

Mitchell holds a Bachelor of Environments (Property) and a Juris Doctor from The University of Melbourne.

He also formerly worked as an Assistant Property Valuer, allowing him to bring a unique and practical perspective to real property disputes.

Mitchell read with Katherine Brazenor and his senior mentor is Ben Ihle KC.