Mylton Burns

Mylton Burns

Principal Commercial Litigation and Insurance | Brisbane
07 3231 0625 mburns@mcw.com.au Download vCard

Mylton Burns is one of Australia’s leading commercial litigation lawyers. With over 30 years experience he has successfully run some of Australia’s largest commercial litigation cases including an attempt to restrain the Live Earth concert in Sydney and other insurance and property cases and appeals.  

Mylton is an astute lawyer who specialises in commercial litigation and dispute resolution advice for the firm’s commercial clients and professional services businesses. His work principally comprises professional indemnity, directors and officers and other commercial insurance work. He also counsels the responsible principals of accounting, legal and other professional service firms on how to best protect their businesses from claims by and against former clients, suppliers and exiting partners.

Mylton has built a strong reputation in Queensland through his extensive experience, maintained relationships with clients, and strategic approach to dispute resolution. He is a powerhouse of strategic communication and an industry leader.

Recognised in Best Lawyers in Australia for his work in Insurance Law
Best Lawyers Australia 2019 Edition

Mylton's Qualifications

  • Bachelor of Laws, Queensland University of Technology
  • Master of Laws (Commercial Law), Queensland University of Technology
  • Solicitor of the Supreme Court of Queensland and the High Court of Australia

Mylton's Expertise

  • Commercial litigation and dispute resolution
  • Insurance
  • Professional liability
  • Restraint of trade

Mylton's Leadership

  • Australian Professional Indemnity Group (APIG)
  • Australian Insurance Law Association (AILA)
  • Business Law Section, Law Council of Australia
  • Australia and New Zealand Institute of Insurance and Finance (ANZIIF)
  • QLD Law Society Practice Management Course committee

Mylton's Recent Experience

Area of Expertise

Area of Expertise

Professional Liability

Work Undertaken

Appointed to the Lexon panel to defend claims against Queensland lawyers. In over 60 claims, 10% did not proceed at all after Mylton’s initial response and one was struck out by the court. All claims are strongly defended until a favourable outcome is achieved either by early negotiation or, if necessary, in court.

He has advised and defended accountants and other financial services professionals such as financial advisors, stockbrokers, finance and mortgage brokers and managers of financial products for over two decades.

Acting for an accounting firm in an action by aggrieved beneficiaries under a will in an action against the executors in respect of a $35 million estate.

Area of Expertise

Area of Expertise

Restraint of Trade

Work Undertaken

Successfully obtained an urgent interim injunction restraining a former partner from acting for clients of his former firm, a decision upheld on appeal. BDO v Rich QSC (2006) BS 6034/06

Resolved a dispute with two former partners. McInnes Wilson Lawyers v. Norton Rose Australia (and ors) (2013)

Successfully applied to restrain a former partner from acting for clients of his former firm. BDO v Sully (2015) QSC 166

Confidential advices to partners of legal, stockbroking firms and medical practices regarding the management of their restraints of trade and duties of fidelity.

Area of Expertise

Area of Expertise

Insurance

Work Undertaken

Defended the responsible entities and directors against claims by investors. Recovered from the insurers when indemnity initially refused. Settled the claim without exposing the personal assets of the directors. Sovereign Capital Ltd and ors ats Deldak & ors QSC (2010) Sovereign Capital Ltd and ors ats Tidswell & ors FCA (2010)

Acting for the liquidators of a managed investment scheme to recovery money under capital insurance policies where indemnity initially declined for a range of reasons. Recoveries made on some claims pre litigation.

Recovered compensation from an insurance broker for failure to competently advise in respect of flood cover pre-2011 Brisbane flood. BWC Properties Pty Ltd v. Queensland Insurance Brokers Pty Ltd & Anor (QSC – 2013).

Resolved a similar claim against a broker. Pradella and ors v NEWGWA Pty Ltd. (QSC - 2015)

Area of Expertise

Area of Expertise

Commercial Litigation

Work Undertaken

Acted for the US rock promoter to avoid an injunction to restrain the Live Earth concert in Sydney. Live Earth Resource Management Pty Ltd v. Live Earth LLC (2007) FCA 1034

Obtained specific performance of a contract by a purchaser who refused to settle on the basis of statutory breaches by the developer post GFC. Upheld on appeal. Treton Pty Ltd v HM Australia & Anor (2012) (QCA)

Area of Expertise

Area of Expertise

Professional Liability

Work Undertaken

Acting for medical para-medical and alternative medicine practitioners ( including general practitioners, dentists, physiotherapists, pharmacists, optometrists, acupuncturists and chiropractors) in litigation matters including medical malpractice claims, contract disputes, restraint actions and in responding to AHPRA complaints.

Mylton's recent publications

View All Articles
  1. Limitation of Liability Schemes for Accountants – 5 steps you can take today to ensure you’re protected

    31 Oct 2018

    It is important to the public’s perception of the accounting profession that there is recourse for deficient advice or services. Equally, it is important to be able to defend yourself against claims which may be unsubstantiated. For these reasons,...

    Read More
  2. 3 Causes of Claims Against Professionals

    19 Feb 2018

    3 Causes of Claims Against Professionals Video series Presented by McInnes Wilson Lawyers Principal Mylton Burns. 1. Expectation Gap 2. System Breakdown 3. Lizard Brain Failure

    Read More
  3. 4 Tips for Renewing your Business Insurance

    14 Jun 2017

    1. Prioritise the Process and the Relationship For the best results ask questions and give detailed and timely information and input to your broker. Choose your broker and insurer wisely. Do independent checks. Are they in your business for the long term?...

    Read More