Michael Windsor SC

Telephone:
(02) 9235 1027
Called to the Bar:
1988
Appointed Senior Counsel:
2008

Qualifications

Bachelor of Commerce, University of New South Wales

Master of Commerce, University of New South Wales

Bachelor of Laws, University of New South Wales

Professional experience

Michael was called to the Bar in 1988 and appointed Senior Counsel in 2008. He has appeared in several high-profile Royal Commissions, Tribunals and Inquiries, such as the Royal Commission into the Home Insulation Program and the Royal Commission into Institutional Responses to Child Sexual Abuse. His practice also extends to appearing in professional negligence litigation, disciplinary proceedings, common law litigation, insurance law, intentional torts and consumer law.

Previously, Michael practised at Henry Davis York in commercial law and common law litigation. Prior experience also includes working at the Investment Corporation of Papua New Guinea, Department of Foreign Affairs and Department of Industrial Relations (Commonwealth).

Selected Cases

Royal Commission into the Home Insulation Program (inquiry into the development and implementation of the Commonwealth Home Insulation Program) – appeared on behalf of 73 entities which had conducted insulation installation businesses both before and during the Home Insulation Program

Royal Commission into Institutional Responses to Child Sexual Abuse – appeared at Case Study hearings into “Health Care Providers” and “Bethcar Children’s Home”

Nobarani v Mariconte (2018) 92 ALJR 806 – procedural fairness; succession

Nobarani v Mariconte (No. 2)  (2018) 92 ALJR 1031 – procedural fairness; costs

State of NSW v Cuthbertson [2018] NSWCA 320 – damages; costs of defending criminal procedings

Fletcher v State of NSW [2019] NSWCA 31 – causation; damages; wrongful arrest & false imprisonment

Avopiling Pty Ltd v Bosevski [2018] NSWCA 146 – Torts; contributory negligence; damages assessments

Inquest into the death of David Dungay – appearance for Justice Health; death in custody

Eades v Endeavour Energy & Ors [2018] – Class action following bushfires in NSW

Rickhuss v The Cosmetic Institute Pty Ltd & Ors [2018] NSWSC 1848 – class action relating to cosmetic surgeries

Smythe v Burgman [2015] NSWSC 298 – medical negligence claim against medical practitioner

Grills v Leighton Contractors Pty Ltd [2015] NSWCA 72; Grills v Leighton Contractors Pty Ltd (No.2) [2013] NSWSC 1951 – claim in tort against the owner and operator of motorway.

Liao v State of New South Wales; Zhang v State of New South Wales [2014] NSWCA 71 – Claims arising out of the Olympic Games held in Sydney in 2000 and included claims for damages for inducing breach of contract, wrongful arrest, false imprisonment, malicious prosecution

Courts v Essential Energy [2014] NSWSC 1483 – catastrophic injury claim following contact by road hauler with overhead power line

Inquest into the death of Michael Wilson – long running inquest into the death of Special Casualty Access Team (SCAT) officer who died while retrieving a patient from a canyon in NSW

Goddard & Ors v Central Coast Health Network [2013] NSWSC 2013 – professional negligence claims against surgeon and health network, quantification of damages pursuant to Compensation to Relatives Act 1898

Tamara King bhnf Kevin King v Sydney South West Local Health District [2013] NSWCA 162 – medical negligence claim against Local Health District following catastrophic injury to foetus in circumstances where mother had contracted chicken pox

Bannister & Hunter Pty Ltd v Transition Resort Holdings Pty Ltd [2013] NSWSC – claim against a surveyor & engineer concerning breach of contract, tort, misleading & deceptive conduct, entitlement to rectification of land

Jones v Construction Control (ACT) Pty Ltd [2012] ACTSC 93 – litigation concerning collapse of structures at Canberra Airport site