Mia Livingstone is a senior associate in the Dispute Resolution and Litigation team at Baker McKenzie, Melbourne. Mia advises clients both in Australia and overseas in respect of dispute resolution and litigation matters which span across a range of areas including environmental litigation, international commercial arbitration and general commercial litigation. She joined Baker McKenzie in 2006 as an associate and, prior to that time, spent several years in a national law firm developing her commercial litigation practice. Mia is published in both Australian and international law journals and holds a Master of Laws from the University of Melbourne. Mia is involved in pro bono work, acting on behalf of the Homeless Persons' Legal Clinic clients and Peter MacCallum Cancer Institute patients seeking early access to superannuation entitlements and indemnity under insurance policies. She is also a mentor to both underprivileged persons in the Clemente Fitzroy Volunteering program to assist them to obtain university education, and to law students in the Victorian Women Lawyers mentoring program.
Mia acts for a range of clients, from individuals to multinational companies, advising and acting in general commercial dispute resolution matters involving issues including tort, misleading and deceptive conduct, breach of contract and insurance claims. In her international commercial arbitration practice, she is experienced in drafting international arbitration agreements and acting in arbitrations held in Australia and internationally. In her environmental litigation practice, Mia advises on environmental risk issues and in relation to environmental disputes and acts in complex litigation on behalf of clients operating in the environmental regulatory sphere.
Representative Legal Matters
- Conducted a Supreme Court of Victoria proceeding involving seven parties and a Western Australian State Administrative Tribunal proceeding on behalf of a leading domestic and international waste management company in respect of both insurance and technical issues arising out of a major equipment failure at a composting facility.
- Conducted a proceeding in the Supreme Court of Western Australia concerning a share sale agreement dispute involving a joint venture entity between the buyer and sellers.
- Advised a leading domestic and international waste management company on issues arising under environmental protection legislation involving negotiating with the Victorian Environment Protection Authority.
- Acted on behalf of a US medical waste corporation in an international commercial arbitration concerning the construction of a medical waste treatment facility in Australia that ultimately reached a global settlement.
- Acted on behalf of property owners in relation to latent contamination discovered on their property to negotiate a favourable settlement against an international petroleum giant involving complex and technical issues not yet settled under applicable law.
- Conducted a proceeding in the Supreme Court of Victoria on behalf of a market-leading fashion retailer for breach of contract and unconscionable conduct caused by its major supplier.
Professional Associations and Memberships
- National Environmental Law Association - Member
- Law Institute of Victoria - Member
- London Court of International Arbitration - Member
- Australasian Forum for International Arbitration - Member
- Victorian Planning & Environmental Law Association - Member
- Environmental Law Roundtable of Australia and New Zealand - Member
- International Council for Commercial Arbitration - Member
- High Court of Australia~Australia (2006)
- Victoria~Australia (2004)
- Monash University (LL.B. Honors) (2004)
- Monash University (Bachelor of Commerce Economics Honors) (2004)
- University of Melbourne (LL.M. Honours)
Author, "Culpability versus liability: Is the polluter ultimately liable for cleaning up groundwater contamination in Victoria?" accepted for publication in the Environmental and Planning Law Journal later this year.
Author, "The arbitrability of CCA, formerly TPA, claims: Have Australian Courts adopted a restrictive or a liberal approach to enforcing arbitration or exclusive jurisdiction agreements?" Australasian Dispute Resolution Journal, February 2012
Author, "Who will be liable for Australia's solution to pollution? An analysis of the the scope of businesses' liability under the Carbon Pollution Reduction Scheme," Environment and Planning Law Journal, July 2009
Author, "Have We Fired the Hired Gun? A Critique of Expert Evidence Reform in Australia and the United Kingdom," Journal of Judicial Administration, July 2008
Author, "Party Autonomy in International Commercial Arbitration: Popular Fallacy or Proven Fact?" Journal of International Arbitration, October 2008