LEONARD AND WELCHA personal approach to legal services.

MICHAEL BATESPrincipal Lawyer

Michael Bates, the principal lawyer at Leonard And Welch, has more than 25 years of experience working in superannuation and insurance claims.

His work in this area of law has seen him appear for clients at the Australian Financial Complaints Authority, the Magistrates Court, County Court, Supreme Court, Federal Court and the Court of Appeal.

Michael has appeared on television, radio and in print media many times over the years. Amongst these appearances, he is most proud of his work in the Four Corners episode Money for Nothing regarding the Commonwealth Bank’s life insurance scandal, from which his words were used in the Four Corners’ 60-year anniversary show.

His job as a lawyer is to make sure his clients understand the claim’s process, but most importantly get results for his clients as quickly as possible.

He grew up below the snowfields in North-East Victoria but now calls Melbourne home. Michael loves being with his family, watching lots of sports – particularly the Hawthorn Football Club – plays drums and stays fit by running and boxing.

CAREER HISTORYAchieving successful outcomes.

From 1997 to 2015, Michael worked for a large city law firm (one that spends lots on flashy television advertising and marketing catch phrases) but decided that doing his job well doesn’t require paying unnecessary overheads – like too many people in the human resources department or too many people in middle-management. These things add nothing to your claim – in fact it means less money in your pocket.

From 2015 to 2016, after spending a couple of months away from his previous employer caring for his wife and three young children because his wife underwent a double mastectomy, Michael decided to commence his own practice, so in early 2015 through to mid-2016, Michael started Leonard & Welch. He felt that he could deliver the same services as his previous employer, but without having to pass on the steep costs of unnecessary overheads his previous employer considered necessary. This was what can be called the first iteration of Leonard & Welch.

Then from July 2016 through to February 2022, Michael became a director of another firm but again had to step away from his duties when his sister-in-law suffered several catastrophic strokes. For 16 months, Michael stayed home and looked after his kids and his niece and nephew so his wife could provide full time care to her sister and focus on her rehab.

After 16 months, things started to calm and Michael reopened Leonard & Welch – its second iteration – and this where he will remain.

So who is Leonard and who is Welch? Leonard is the middle name of Michael’s father and Welch is the maiden name of his mother. Michael wanted to acknowledge his parents in the name of the firm for the hard work they put into bringing him up with the values that he has that sees him work for people against big corporations. And, the acronym of those names just happen to spell LAW!

1997-CURRENTPrevious Work

Over his legal career Michael has had the privilege of acting for thousands of clients some of whom he now calls his friends. These people may have been in the wrong place at the wrong time or for a number of reasons have been unable to work because of illness or injury. Whatever the reason Michael’s clients are usually connected by one fact: they have been at the wrong end of a decision by an insurance company. Some of the more notable matters Michael has worked on over his career are below and a full list of his media appearances is available here.

SUPERANNUATION TOTAL & PERMANENT DISABILITY AND DEATH CLAIMS:

Colella v Hannover Life Re of Australasia Ltd [2013] VCC 620
A superannuation TPD benefit. The Insurer rejected Michael’s client’s claim for a $160,000 superannuation disability benefit. The claim ran to judgment at the County Court and Michael’s client was successful. The Court awarded interest and costs to Michael’s client.
Hannover Life Re of Australasia Ltd v Colella [2014] VSCA 205
The Insurer appealed the County Court decision to the Court of Appeal. All three judges of the Court of Appeal dismissed the insurer’s case and upheld the original decision to award Michael’s client the full superannuation disability benefit, plus interest and costs.
Callander v CCSL & Anor. [2011] VCC 145
A dispute over payment of a $320,000 superannuation death insurance benefit. Michael’s client’s wife passed away the insurer rejected the claim due to non-disclosure. The matter ran to the County Court and Michael’s client was successful and was awarded penalty interest and costs.
Gilland v United Super Pty Ltd & Hannover Life Re of Australasia (Magistrates Court 26 April 2012)
A claim for a superannuation total and permanent disability benefit of $100,000 rejected by the insurer on the grounds of eligibility. The matter ran to the Magistrates’ Court and the Court ruled in Michael’s client’s favour and awarded penalty interest and costs against the insurance company.
Merkel v Superannuation Complaints Tribunal [2010] FCA 564
The Superannuation Complaints Tribunal refused to consider Michael’s client’s claim. Michael thought the Tribunal’s decision was wrong and obtained instructions from his client to lodge a dispute with the Federal Court. The Court determined the Tribunal’s decision to be incorrect and made them reconsider their decision. The matter resolved with payment to Michael’s client along with costs.
Machin v Board of Trustees of the State Public Sector Superannuation Scheme [2010] FCA 969
The Superannuation Complaints Tribunal decided against Michael’s client. Michael obtained instructions from his client to lodge the matter with the Federal Court. The Court determined that the Tribunal considered the wrong question when determining whether Michael’s client was totally and permanently disabled. The superannuation fund reconsidered the claim and a decision was made to award Michael’s client the full disability benefit. Costs and interest were also awarded to Michael’s client.

GENERAL INSURANCE:

Black Saturday
Michael acted for publicans who lost their pub in the Black Saturday bushfires. The Insurer refused to pay his clients business interruption insurance for the period of time they were unable to operate their pub. Michael was successful in obtaining the full amount available under the policy.
Charlton Floods
Michael acted for approximately 50 families from the Charlton and surrounding area in North-West Victoria following significant rainfall and flooding in January 2011 resulting in inundation of people’s homes. Charlton locals were told by their insurance company that no compensation was payable under their insurance policies because damage caused by flood water was excluded. Michael took on the cases and in a handful of cases was successful by writing a letter of complaint to the insurance companies. The claims that were rejected went off to the Financial Ombudsman Service where Michael obtained favourable decisions for all but one of his clients. This resulted in more than $250,000 being paid out in compensation.