Senior Solicitor - Auckland
Michael Kilkelly
About
Michael provides advice and assistance across a range of commercial and civil proceedings, with a primary focus acting for both employers and employees in employment disputes and litigation. He has experience assisting government and private sector clients in mediation, arbitration, the Employment Relations Authority, Employment Court, High Court and Court of Appeal.
Prior to joining MC, Michael was a judges’ clerk at the Employment Court. He has a particular interest in the intersection of the employment and general civil jurisdictions, including cases of fraud by employees and contractors, disputed employment status, and breaches of post-employment obligations.
Michael is also a junior Crown prosecutor, who prosecutes criminal matters under the Auckland Crown warrant.
Recent Cases & Achievements
Safari Construction (2005) Ltd v Concept Builders Queenstown Ltd [2023] NZHC 2387
Appeared as sole counsel in successfully defending an application to discharge freezing orders held by a large hotel developer over the assets of contractors suspected of a long-running, multi-million-dollar invoicing fraud.
THL (2005) v NEN [2022] NZEmpC 235; THL (2005) v JDR Ltd [2022] NZHC 3627
Junior counsel acting for a large construction and hotel development firm in investigating and freezing the assets of past employees and contractors suspected of a long-running, multi-million-dollar invoicing fraud.
Domigan v BioOra Ltd [2023] NZERA 112
Junior counsel in a successful application for the interim reinstatement of a CEO to the payroll at a biotechnology start-up, despite the appointment of a new CEO.
Credentials
Current member of the New Zealand Law Society’s Employment Law Committee
Co-author of the “New Zealand” chapter in J Seddon et al (eds), The Practitioner’s Guide to Global Investigations (GIR, 8th ed, 2022)
Admitted as NZ Barrister and Solicitor, 2021
LLB(Hons), University of Waikato