Michael Day

Michael Day
Michael Day is a Lawyer at Emanate Legal.

Direct: (07) 4727 0128
Mobile: 0417 837 501


Qualifications
  • Master of Laws - Commercial
  • Master Business Administration - Technology Management
  • Bachelor of Laws
  • Bachelor of Engineering
  • Graduate Diploma in Legal Practice
  • Lawyer, Supreme Court of Queensland
  • Lawyer, High Court of Australia
Areas of Practice
  • Land Law
  • Commercial Law
  • Contract Law
Affiliations
  • Queensland Law Society
  • Building Services Australia unrestricted supervisors licence - Company Nominee Licence
  • Rotary Club of Mundingburra
  • Paul Harris Medal recipient
Key Statement

The area of law that interests me the most is where a  Client that has very little ability (financial or academic or commercial) to contend with an issue that they have been wronged by.

To then provide support to the Client and defend their rights and interests with the knowledge of the law, previous experience,  common sense and respect for the parties at issue.

Deliver to the Client a focused outcome that best suits the issue at hand. Providing sound legal advice, while at all times keeping the Client informed and continually seeking the Clients instruction and direction.

Clients are at ease using my services because I make it clear I understand their position and I listen to what they have to say. Previous life experiences in like situations show the Client that they are not alone and they are not the first to have suffered this particular injustice.

I encourage Clients to feel comfortable in my presence by reassuring them that they will be entirely supported on the road forward and that they should relax with the understanding that their rights and interests will be diligently protected.

Background/Experience

International: Extensive international experience negotiating contractual conditions, understanding and appreciating differing cultures and the drivers of the foreign entities needs and wants in the  contractual negotiations.

Corporation culture: Previously held Directorships of companies provided invaluable experience in the Australian corporate legislative environment. Exposure through academia to cross border insolvency issues and the processes available for recovery of funds held internationally.

Major resources companies: Advising on contractual issues  and requirements for standard service and supply contracts in a corporate environment. Extensive use of previous experience as a services and supply contractor to major resource companies and international food processors.

Mining companies: Advising rural Clients of the rights at law in all dealings with mining and resource companies in respect to their impact to the land as a result of their commercial interests. Extensive experience in relation to Conduct and Compensation Agreements, Land Access Agreements and requirements for entry to the land for preliminary activities.

Resumptions: Recent experience in the protection of rural clients rights and interests in respect to compulsory acquisitions of land for rail and pipe line corridors to service the expanding mineral and resources sector development of Queensland.

Water Resources: Preparation and delivery of submissions to State Government in respect of water licence entitlements and storage requirements where a Clients rights and interests have been adversely impacted by improper administrative decisions.

Family Law: Advising clients of their rights in respect of property ownership in family disputes. Application of the Family Law Act 1975 (Cth) and Succession Act 1981 (Qld)  to defend a client’s rights in respect of their property as an individual and as a testator.

Native Title issues: preparation and delivery of a submission to State Government containing detailed legal argument in respect to permanent extinguishment of Native Title due to Previous Exclusive Possession Acts (PEPA). Extensive research through historical records and information available on the public record to establish a lack of occupation of specific areas by Native Title claimants. Extinguishment of Native Title was proved through the prior existence  exclusive possession of the land as well as use of the land for public purpose.

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