Name:

Michael Jonsson

Telephone:  

40 502 456

Fax:

40 314 429

Email:

jonsson@trinitychambers.com.au

Address:

Trinity Chambers 7 Sheridan Street PO Box 6946 DX: 41325 CAIRNS Q 4870

Website:

http://trinitychambers.com.au/

Michael Jonsson CV:
Download

Michael Jonsson

Qualifications:

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 Practice
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,

Experience

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 [1993] 1 Qd R 49; Fairview Farming Co Pty Ltd v Cairns City Council (1997) 93 LGERA 368 and, on appeal, [1999] 1 Qd R 262; Crystal Creek Pty Ltd v Cairns City Council [2001] QSC 9, and on appeal, [2003] QCA 318; Thusi Pty Ltd v Neonbrook Pty Ltd [1999]1 Qd R 429; Gonzo v. Grima [1997] ANZ Conv R 49; Tasmanian Seafoods Pty Ltd v Peters [1999] QSC 144; Cairns City Council v Xontan Pty Ltd [1999] QSC 215; Mercantile Mutual Finance Corporation v Rixdale Pty Ltd [1999] QSC 214; Cairns Earthmoving Contractors Pty Ltd v Cairns City Council [2000] QSC 250; Holdcroft v. Market Garden Produce Pty Ltd [2001] 2 Qd R 381; GHD Pty Ltd v Wayne [2001] QSC 073; Mazelow Pty Ltd v Herberton Shire Council [2001] QSC 250, [2001] QSC 465, and [2002] QCA 119 (reported at (2002) 18 Building and Construction Law 272 and [2003] 1 Qd R 174); Bianchi v Boserio [2001] QCA 462; Fazldeen v. Niedoba [2002] QSC 81; Johnston v. Ball [2002] QSC 110; Vyncan Pty Ltd v Seeley [2003] QBT B305-02; Jattke v Williams [2004] QSC 472; Ramana Hotels Pty Ltd v Luxon [2005] QSC 104; TW Hedley (Investments) Pty Ltd v Richardson Plant Hire Pty Ltd [2005] QSC 99; Rossi v Vu [2005] QSC 373; Vujanovic v Musumeci [2005] QSC 382; DHBC Pty Ltd v Fitzroy Island Pty Ltd [2006] QSC 98; Campbell v Turner [2007] QSC 331, and on appeal [2008] QCA 126; Sport Developments Pty Ltd v Del Fabbro,Unreported, Jones J, 22 April, 2008, and on appeal, [2009] QCA 64; Davidson v Bucknell [2009] QSC 182, and on appeal [2011] 1 Qd R 563; Pazcuff Pty Ltd v Farmilo Pty Ltd [2010] 2 Qd R 268; Hannah v TW Hedley (Investments) Pty Ltd [2010] QSC 56, and on appeal [2010] QCA 256; Bergmann v DAW [2010] QCA 143; Tablelands Regional Council v Pensini, Unreported, Jones J, 28 August, 2011, and on appeal [2012] QCA 137 and Queensland Building Services Authority v Orenshaw [2012] QSC 241).

 

  • Disputation between landlord and tenant including, for example, Demtear Pty Ltd v Abelian Pty Ltd [2004] QSC 103, Cairns Shelfco No 16 Pty Ltd v Armanel Pty Ltd [2004] QSC 122, and on appeal[2004] QCA 473; Nashvying Pty Ltd v Giacomi [2007] QSC 257, and on appeal [2007] QCA 454; and Kanjo Group Pty Ltd v Aurukun Shire Council [2012] 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 [2004] QSC 431; Hollerer v Ansavah Pty Ltd [2004] QSC 255; Redfern v Penguin Island Resorts Pty Ltd [2004] QSC 367; and Pankhurst v Damata [2008] 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 [1995] 2 Qd R 470; Little v Minister for Land Management (1992) 77 LGRA 346, and on appeal (1993) 79 LGERA 374 and [1995] 1 Qd R 190; Robertson v Knuth [1997] 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. [1999] QSC 349; Geraghty & Ors. v. Dairy Industry Tribunal & Ors. [2000] QSC 144; Woolshed Holdings Pty Ltd v. Chief Executive [2003] LAT App. No. 301 of 2002/03; Fry v West [2003] QSC 220; Grancroft Pty Ltd v. Chief Executive [2004] CCT T014-03; Vis Constructions Pty Ltd v Cockburn [2006] QSC 416; Lillywhite v Chief Executive Liquor Licensing Division [2008] QCA 88; Anzbrook Pty Ltd v Minister for the Environment, Heitage and the Arts (2010) 237 FLR 187; Owens v Normanton Liquor Accord [2013] 1 Qd R 168 and Leahy v Barnes [2013] 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 [2002] QCA 256).

 

  • Claims and proceedings involving issues of corporate and personal insolvency and similar disputation (including, for example, Re Il Palazzo (Management) Pty Ltd [1999] QSC 356 and [2001] QSC 357; Jonsson v Tim Ferrier Pty Ltd [2001] QSC 10, and [2004] QSC 6 and [2004] QSC 156; Australian Volunteer Coastguard Association Inc v Raymond [2000] FMCA 41; Mier v FN Management Pty Ltd, Unreported, Jones J, 22 April, 2005, and on appeal, [2006] 1 Qd R 339; Cardno CCS Pty Ltd v Dwyer [2007] QSC 263; Sheldrake v Paltoglou [2006] QCA 52; Mier v Craven [2007] QSC 259; Re Evroy Enterprises Pty Ltd (In Liquidation) [2009] QSC 81; Gusdote v North Queensland Land Development Pty Ltd [2011] FCA 202; [2011] FCA 608; [2012] FCA 280; [2012] FCA 759; [2012] FCA 783 and [2012] FCA 1207); and Offermans v Trusted Buzz Pty Ltd [2013] FCCA 1062 and [2013] 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 [2005] QSC 268; Re Cape Tribulation Reef Experiences Pty Ltd [2007] 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 [2010] 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 [2001] QSC 46; Barmettler v Greer & Timms [2007] 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 [2010] QSC 343; and Phillips v MacDonnells Solicitors [2010] 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’ [2012] 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 [1998] 1 Qd R 690 and Crewford Pty Ltd v. Transit Australia Pty Ltd [1999] QCA 81).
  • Probate and succession litigation, including disputes concerning the interpretation of Wills (such as, for example Bullock v. Bullock [2003] QSC 258; Kruize v Cheung [2008] QSC 156 and Foley v Gleeson [2013] QSC 234), claims to enforce informally executed Wills (including, for example, Coyle v Kerwin [2006] QSC 50; Morrison v Luckman [2012] QSC 361; and In the Will of Panigas [2013] QSC 172), disputed actions for admission of Wills to probate in solemn form (including, for example, Bertoldo v Cordenos [2010] QSC 79), a claim for executorial commission (Re Estate of Ghidella [2005] 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 [2008] QSC 159, and subsequently [2009] QSC 107; and Laursen v Laursen [2009] 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 [2000] QSC 413; and Chizzotti v Ah Shay, Unreported, Jones J, 22 March, 2011); disputes involving encroachments (Cowan v McKinnon [2011] 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 [1998] Qld Conv Rep 54-512, [2000] Qld Conv Rep. 54-542 and [2000] QSC 69).

 

  • Other appellate and comparable proceedings, including AB & R Sultana Pty Ltd v Johnstone Shire Council [2004] 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 [2005] QCA 85 Peden Pty Ltd v Bortolazzo [2006] 2 Qd R 574; Commissioner of Taxation v Price [2006] 2 Qd R 316; Beach Club Port Douglas Pty Ltd v Page [2006] 1 Qd R 307; Jessup v King’s Transport [2006] QCA 289; Nicholl Holdings Pty Ltd v Tokio Marine & Fire Insurance Co Ltd [2007] QCA 57; QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41; Black & White (Quick Service) Taxis Pty Ltd v Sailor [2011] 2 Qd R 35; Hughes v Westpac Banking Corporation [2010] QSC 274, and on appeal [2012] 1 Qd R 581 and (2011) 278 ALR 145; and Allaro Homes Cairns Pty Ltd v O’Reilly [2012] 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.