40 502 456
40 314 429
Trinity Chambers 7 Sheridan Street PO Box 6946 DX: 41325 CAIRNS Q 4870
|Michael Jonsson CV:|
Bachelor of Commerce, University of Queensland, 1984
Bachelor of Laws, University of Queensland, 1989
Bachelor of Economics, University of Queensland, 1990
Doctor of Philosophy, James Cook University, 2003
Bar Practice Course (Qld), 1991
Area of PracticeAdministrative,
Arbitration & Mediation,
Bankruptcy & Insolvency,
Corporations and Securities,
Environmental and Local Government,
Inquests/Commissions of Inquiry/Statutory Tribunals,
Wills, Probate & Family Provision
In the course of his practice, both as a solicitor and a barrister, Michael has represented many clients in litigation spanning a broad range of areas. These include:
- Disputes involving contractual, restitutionary, statutory and proprietary claims of various kinds (including, for example, Mulgrave Shire Council v Red Hills Pty Ltd (1994) 83 LGERA 323, Re Burman  1 Qd R 49; Fairview Farming Co Pty Ltd v Cairns City Council (1997) 93 LGERA 368 and, on appeal,  1 Qd R 262; Crystal Creek Pty Ltd v Cairns City Council  QSC 9, and on appeal,  QCA 318; Thusi Pty Ltd v Neonbrook Pty Ltd 1 Qd R 429; Gonzo v. Grima  ANZ Conv R 49; Tasmanian Seafoods Pty Ltd v Peters  QSC 144; Cairns City Council v Xontan Pty Ltd  QSC 215; Mercantile Mutual Finance Corporation v Rixdale Pty Ltd  QSC 214; Cairns Earthmoving Contractors Pty Ltd v Cairns City Council  QSC 250; Holdcroft v. Market Garden Produce Pty Ltd  2 Qd R 381; GHD Pty Ltd v Wayne  QSC 073; Mazelow Pty Ltd v Herberton Shire Council  QSC 250,  QSC 465, and  QCA 119 (reported at (2002) 18 Building and Construction Law 272 and  1 Qd R 174); Bianchi v Boserio  QCA 462; Fazldeen v. Niedoba  QSC 81; Johnston v. Ball  QSC 110; Vyncan Pty Ltd v Seeley  QBT B305-02; Jattke v Williams  QSC 472; Ramana Hotels Pty Ltd v Luxon  QSC 104; TW Hedley (Investments) Pty Ltd v Richardson Plant Hire Pty Ltd  QSC 99; Rossi v Vu  QSC 373; Vujanovic v Musumeci  QSC 382; DHBC Pty Ltd v Fitzroy Island Pty Ltd  QSC 98; Campbell v Turner  QSC 331, and on appeal  QCA 126; Sport Developments Pty Ltd v Del Fabbro,Unreported, Jones J, 22 April, 2008, and on appeal,  QCA 64; Davidson v Bucknell  QSC 182, and on appeal  1 Qd R 563; Pazcuff Pty Ltd v Farmilo Pty Ltd  2 Qd R 268; Hannah v TW Hedley (Investments) Pty Ltd  QSC 56, and on appeal  QCA 256; Bergmann v DAW  QCA 143; Tablelands Regional Council v Pensini, Unreported, Jones J, 28 August, 2011, and on appeal  QCA 137 and Queensland Building Services Authority v Orenshaw  QSC 241).
- Disputation between landlord and tenant including, for example, Demtear Pty Ltd v Abelian Pty Ltd  QSC 103, Cairns Shelfco No 16 Pty Ltd v Armanel Pty Ltd  QSC 122, and on appeal QCA 473; Nashvying Pty Ltd v Giacomi  QSC 257, and on appeal  QCA 454; and Kanjo Group Pty Ltd v Aurukun Shire Council  QSC 352.
- Supporting and resisting claims for pre-emptive and injunctive relief, including Mareva and Anton Pillar orders and other injunctive relief (such as, for example, a successful application to restrain a foreign legal proceeding which arose out of a dispute concerning conflicting claims to a parcel of foreign land). Specific examples of such matters include Ogun v Bramston Beach Plantation Resort Pty Ltd  QSC 431; Hollerer v Ansavah Pty Ltd  QSC 255; Redfern v Penguin Island Resorts Pty Ltd  QSC 367; and Pankhurst v Damata  QSC 28.
- A variety of disputes and proceedings involving administrative and judicial review of administrative decisions, including proceedings of that nature before the Land Court, the Supreme Court of Queensland, the Queensland Information Commissioner and, in the Federal arena, before the Administration Appeals Tribunal, the Federal Magistrates Court, and the Federal Court of Australia (including acting for parties involved in Re Cairns Port Authority and Dept. of Lands (1994) 1 QAR 663; Re Little and Dept. of Natural Resources (1996) 3 QAR 170; Cairns Port Authority v Albeitz  2 Qd R 470; Little v Minister for Land Management (1992) 77 LGRA 346, and on appeal (1993) 79 LGERA 374 and  1 Qd R 190; Robertson v Knuth  1 Qd R 95 and noted (1997) 2 Local Government Law Journal 119; Rohner v. Scanlan (No.1) (1997) 77 FCR 433; Rohner v. Scanlan (No.2) (1998) 157 ALR 24; Woibo v. Cook Shire Council and Ors.  QSC 349; Geraghty & Ors. v. Dairy Industry Tribunal & Ors.  QSC 144; Woolshed Holdings Pty Ltd v. Chief Executive  LAT App. No. 301 of 2002/03; Fry v West  QSC 220; Grancroft Pty Ltd v. Chief Executive  CCT T014-03; Vis Constructions Pty Ltd v Cockburn  QSC 416; Lillywhite v Chief Executive Liquor Licensing Division  QCA 88; Anzbrook Pty Ltd v Minister for the Environment, Heitage and the Arts (2010) 237 FLR 187; Owens v Normanton Liquor Accord  1 Qd R 168 and Leahy v Barnes  QSC 226).
- Numerous successful insurance indemnity claims involving a variety of risks, including successfully contested or negotiated insurance claims made by local authorities (such as, for example, representing the claimant local government in Hurlock v Johnstone Shire Council  QCA 256).
- Claims and proceedings involving issues of corporate and personal insolvency and similar disputation (including, for example, Re Il Palazzo (Management) Pty Ltd  QSC 356 and  QSC 357; Jonsson v Tim Ferrier Pty Ltd  QSC 10, and  QSC 6 and  QSC 156; Australian Volunteer Coastguard Association Inc v Raymond  FMCA 41; Mier v FN Management Pty Ltd, Unreported, Jones J, 22 April, 2005, and on appeal,  1 Qd R 339; Cardno CCS Pty Ltd v Dwyer  QSC 263; Sheldrake v Paltoglou  QCA 52; Mier v Craven  QSC 259; Re Evroy Enterprises Pty Ltd (In Liquidation)  QSC 81; Gusdote v North Queensland Land Development Pty Ltd  FCA 202;  FCA 608;  FCA 280;  FCA 759;  FCA 783 and  FCA 1207); and Offermans v Trusted Buzz Pty Ltd  FCCA 1062 and  FCCA 1064. Other examples of such matters include representation of an administrator/liquidator of a company in the defence and, ultimately, compromise of a substantial proprietary claim against the company's sole asset, an island resort, with the outcome being a healthy dividend to the company's unsecured creditors; and a successful application to wind up a trading co-operative incorporated under the provisions of the Cooperatives Act 1997.
- Partnership disputes, including preparation for and appearance in support of various interlocutory applications for the appointment of receivers and managers and other such matters. Some specific examples of such matters are Phillips v Spinaze  QSC 268; Re Cape Tribulation Reef Experiences Pty Ltd  QSC 115 – a contested review of a special referee’s determination concerning the affairs of a corporate quasi-partnership - and Public Trustee of Queensland v Meyer  QSC 291.
- Appearances for and against claimants prosecuting professional negligence claims against solicitors, accountants and other financial consultants and advisers (including, for example, Weidner v Cockrell  QSC 46; Barmettler v Greer & Timms  QCA 170 – a matter which commenced as a civil jury trial in the primary court, and which proceeded on appeal to the Court of Appeal and, ultimately, an unsuccessful application for special leave to appeal to the High Court of Australia - Silkzoom Pty Ltd v Property Shop Port Douglas Pty Ltd  QSC 343; and Phillips v MacDonnells Solicitors  QSC 62).
- Representing numerous litigants involved in maritime litigation of various kinds, including claims arising out of defective repairs and other works in and upon vessels, a successfully defended action for damage done to a ship within the admiralty jurisdiction in personam of the Federal Court of Australia, which then proceeded on appeal to the Full Federal Court (Metro Plating Pty Ltd v NQEA Australia Pty Ltd, Unreported, Von Doussa, Tamberlin and Kiefel JJ, 3 May, 1996), several claims within the admiralty jurisdiction in personam of the Supreme Court of Queensland in which recovery of possession of particular vessels was sought and obtained, numerous actions in rem, including an action for unpaid moorage fees (Far North Queensland Ports Corporation v Owners of the Ship ‘Captain Senrab’  QSC 87), claims for salvage reward, and a claim for necessaries which proceeded to default judgment, sale of the vessel and determination of priorities and distribution of the res as between various competing claimants. Michael also represented the charterer of a commercial dive vessel who sought, by injunction, to restrain the vessel's mortgagees in the enforcement of the charterer's possessory rights to the vessel (which culminated in a negotiated outcome).
- Prosecution of various claims for statutory compensation arising out of processes involving the resumption or compulsory expropriation of property, including claims of that nature in the Land Court, the Mining Warden’s Court and otherwise agitated through arbitral proceedings (including representing a party involved in Transit Australia Pty Ltd v Crewford Pty Ltd  1 Qd R 690 and Crewford Pty Ltd v. Transit Australia Pty Ltd  QCA 81).
- Probate and succession litigation, including disputes concerning the interpretation of Wills (such as, for example Bullock v. Bullock  QSC 258; Kruize v Cheung  QSC 156 and Foley v Gleeson  QSC 234), claims to enforce informally executed Wills (including, for example, Coyle v Kerwin  QSC 50; Morrison v Luckman  QSC 361; and In the Will of Panigas  QSC 172), disputed actions for admission of Wills to probate in solemn form (including, for example, Bertoldo v Cordenos  QSC 79), a claim for executorial commission (Re Estate of Ghidella  QSC 106); and many claims for adequate provision to be made out of the estate of deceased individuals (such as, for example, Underwood v Underwood  QSC 159, and subsequently  QSC 107; and Laursen v Laursen  2 Qd R 148).
- Defamation litigation, including the successful defence of an action determined in the District Court of Queensland before a Judge and a jury.
- Various kinds of proceeding arising out of disputes involving real property, including applications for the imposition of a statutory rights of user (such as, for example, Re Towerpoint Pty Ltd (1991) Q Conv R. 54-389; Bottoms v Reser  QSC 413; and Chizzotti v Ah Shay, Unreported, Jones J, 22 March, 2011); disputes involving encroachments (Cowan v McKinnon  QCA 154 and Quabba v Williams,Unreported, Jones J, 12 September, 2011); applications for the appointment of trustees upon the statutory trust for sale or partition of property held in co-ownership; proceedings involving claims for relief against the forfeiture of leasehold interests in land; and applications for injunctive relief in support of proprietary rights (such as, for example, frontager rights, and rights arising under an easement – see Slorach v Mountain View Farm Pty Ltd  Qld Conv Rep 54-512,  Qld Conv Rep. 54-542 and  QSC 69).
- Other appellate and comparable proceedings, including AB & R Sultana Pty Ltd v Johnstone Shire Council  QCA 251; Hudson v Entsch (2005) 216 ALR 188 – a contested petition to invalidate a federal election conducted by a Judge of the Federal Court of Australia exercising remitted jurisdiction as the Court of Disputed Returns - Thomas v Deputy Commissioner of Taxation  QCA 85 Peden Pty Ltd v Bortolazzo  2 Qd R 574; Commissioner of Taxation v Price  2 Qd R 316; Beach Club Port Douglas Pty Ltd v Page  1 Qd R 307; Jessup v King’s Transport  QCA 289; Nicholl Holdings Pty Ltd v Tokio Marine & Fire Insurance Co Ltd  QCA 57; QUYD Pty Ltd v Marvass Pty Ltd  1 Qd R 41; Black & White (Quick Service) Taxis Pty Ltd v Sailor  2 Qd R 35; Hughes v Westpac Banking Corporation  QSC 274, and on appeal  1 Qd R 581 and (2011) 278 ALR 145; and Allaro Homes Cairns Pty Ltd v O’Reilly  QCA 286.
Michael maintains an ongoing interest in the study of law. Having completed a research thesis concerned with the impact of the unified legal system upon the place and content of the law of admiralty, he was awarded the degree of Doctor of Philosophy by James Cook University in May, 2003. He has had related papers published in the Australian Law Journal, entitled 'The Nature of the Action in Rem' (2001) 75 Australian Law Journal 105 and 'The Statutory Right of Action in Rem' (2004) 78 Australian Law Journal 262.