The founder of a Kazakhstan-based law firm was ordered to retain an Australian lawyer within one week if he wants to continue Federal Court proceedings against a former colleague.
Justice Cameron Moore ordered Michael Wilson, founder of Michael Wilson & Partners, to retain a lawyer with an Australian address “as soon as possible” to appear on his behalf in bankruptcy proceedings issued against former colleague, John Forster Emmott.
Wilson and Emmott have been embroiled in “a very large number of proceedings” and an “extraordinary level of disputation” in Australia, with more than 80 judgments issued in proceedings brought by Michael Wilson & Partners against Emmott alone.
Prior to Justice Moore’s order, Wilson had carriage of the proceedings and appeared at all case management hearings. While he holds an Australian practising certificate, he is based in Kazakhstan.
“This approach has led to some practical challenges and has been somewhat unsatisfactory (and will be unsatisfactory at the final hearing) for a number of reasons,” Justice Moore said.
The first of those reasons is the late listing of the case management hearing and the “transmission problems” from the audio-visual link.
Wilson has also failed to conduct himself at the case management hearings “in a manner which is expected of practitioners in this court”, including by frequently interrupting and speaking over the top of Justice Moore, raising numerous but irrelevant argumentative matters, and making unnecessary observations.
Justice Moore also took issue with the “raft of contentious emails” sent to his chambers without consent of Emmott’s representatives, and the fact Wilson would be appearing in the proceedings as a witness despite having an interest in the final outcome.
An inability to receive emails has also caused challenges “for the efficient preparation of the matter”, including for the court book.
Justice Moore said the order for Wilson to retain an Australian-based lawyer was “less draconian” than an order to restrain Wilson himself, because he would still be permitted to provide legal services to the firm and will not be deprived of the knowledge of the disputes.
“However, by requiring another lawyer to be nominated, it will ensure that MWP is represented at least by an independent and impartial representative, and that Emmott and the court can have the benefit of dealing with such a person,” Justice Moore added.
In the meantime, unless an urgent matter arises, Justice Moore said there will no longer be the provision of an audio-visual link for appearances at any hearings.
The case: Michael Wilson & Partners, Ltd v Emmott [2025] FCA 1005.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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