Profile

Notable matters as junior counsel include:

Administrative & Public Law

> Appearing for the Attorney-General (led by McLeod QC) in an application in the Supreme Court of Queensland concerning the justiciability of coronial comments and disciplinary referrals together with the particular natural justice requirements in coronial process.

> Appearing (unled) for the Queensland Rural and Industry Development Authority in the Supreme Court of Queensland, and subsequently the Queensland Court of Appeal, in an application for a statutory order of review concerning the proper construction of the Farm Debt Mediation Act 2017 (Qld) and the role of the Authority within that statutory scheme.

> Appearing (unled) for the Attorney-General in an application in the Supreme Court of Queensland concerning the proper construction of the Coroners Act 2003 (Qld) and the interaction between that Act and the Coroners Act 1958 (Qld) in relation to historical, reopened, inquests.

> Appointed as an External Inspector under Part 8, Chapter 6 of the Corrective Services Act 2006 (Qld) to investigate incidents in corrective services facilities.

> Appearing for the Crown Solicitor (led by McLeod QC) in an application in the Supreme Court of Queensland concerning the proper construction of the Vexatious Proceedings Act 2005 (Qld) (including appearing unled in an application for a case stated to the Court of Appeal).

Civil Procedure

> Appearing unled for a company, successfully seeking security for the costs of an appeal in the Queensland Court of Appeal, and an order staying the appeal until security was provided.

Commercial

> Appearing (unled) on behalf of a company in administration in a three day trial in the Supreme Court of Queensland where a shareholder contended the company had been placed into administration for an improper purpose and sought an order terminating the administration under s 447A of the Corporations Act 2001 (Cth).

> Appearing (led by D Kelly QC and S J Williams QC) on behalf of a number of defendants in multiple commercial proceedings in the Supreme Court of Queensland seeking the termination of alleged partnerships and joint investments.

> Acting for the indigenous applicant in a class action commenced against the State of Queensland in the Federal Court alleging misappropriation of wages of Aboriginal and Torres Strait Islanders from 1939 to 1972 (led by D Campbell QC, WAD Edwards, J Creamer, A Newman and A Edwards).

> Appearing for Aurizon Operations Ltd in a 5 day trial in the Supreme Court of Queensland, and in a 1 day appeal to the Queensland Court of Appeal (led by Horton QC), successfully resisting a claim in nuisance seeking $2.5 million in damages.

> Appearing (unled) for a party to a joint venture dispute, successfully seeking security for costs in the Supreme Court of Queensland.

> Acting for a national weapons and munitions importer, alleging breach of copyright and passing off against a retail supplier.

> Acting for a financial planning and wealth management franchisee in a dispute concerning the termination of the franchising agreement.

> Acting in an appeal to the Queensland Court of Appeal (led by M Hickey) in a breach of fiduciary duty and knowing receipt claim.

> Appearing unled for an aviation company, successfully seeking the removal of a director and secretary (including an interlocutory application for substituted service).

> Acting for a property development company in its resistance of a commercial claim for damages brought against it in the Supreme Court of Queensland (led by C Johnstone).

> Appearing for a hydraulic, fire and environmental consultancy company in a disputed restraint of trade and passing off case in the District Court of Queensland.

Guardianship

> Appearing (pro bono) for an individual for the appointment of a private guardian and financial administrator in the Queensland Civil and Administrative Tribunal.

Inquests & Inquiries

> Appearing unled for a former skydiving business owner/operator in a 7 day coronial inquest into 5 deaths arising out of an aircraft incident.

Insolvency

> Appearing for trustees-in-bankruptcy in an application for directions in the Federal Court of Australia concerning the complex determination as to the proper distribution of that individual’s assets arising out of a trading trust business, including the proper allocation of funds from an unfair preference payment (Mark is also briefed unled in the presently stayed appeal in the Full Federal Court).

> Acting for the liquidators of a group of 9 related companies concerning the proper distribution of the assets of each company (led by P McQuade QC).

> Appearing unled for a petitioning creditor, successfully seeking an opposed sequestration order in the Federal Circuit Court.

> Appearing unled for former directors and shareholders of a company in liquidation in the Supreme Court of Queensland, successfully seeking a priority payment from the property of that company pursuant to s 564 of the Corporations Act 2001 (Cth).

> Appearing unled for a trustee-in-bankruptcy in the Federal Circuit Court, successfully seeking an order pursuant to s 146 of the Bankruptcy Act 1966 (Cth) that dividends be distributed from a bankrupt estate without the filing of a statement of affairs.

> Appearing unled for a national gas well delivery provider in a successful application in the Supreme Court of Queensland to set aside a statutory demand issued against it.

> Acting for the wife of a former bankrupt seeking the vesting to her of encumbered, disclaimed real property.

Insurance

> Acting and appearing on behalf of an importer and supplier of engineered stone (led by R Treston QC) in defence of a number of proceedings instituted by stonemasons seeking damages for silicosis and other advanced lung diseases.

> Acting and appearing (unled) on behalf of a rural General Practitioner clinic (through its subrogated insurer) in defence of proceedings issued by a patient against a multitude of medical and allied health professionals alleging a failure to diagnose.

> Acting (unled) on behalf of the subrogated insurer for a parachuting business defending wrongful death proceedings (relying upon tortious and statutory claims) instituted by the children on an amateur tandem parachutist who perished in a fatal aircraft incident.

> Acting as trial counsel for national and international insurers in the prosecution or defence of motor vehicle property damage proceedings.

> Advising on a wide variety of insurance issues with respect to novel duties of care, complicated questions of causation, issues of policy interpretation, indemnity and contribution, and the construction of provisions of the Insurance Contracts Act 1984 (Cth), the Civil Liability Act 2003 (Qld) and the Australian Consumer Law.

Prior to being called to the Bar, Marked worked in the areas of transport, life, professional indemnity and medical insurance.

Succession Law

> Acting for a litigation guardian of a minor in a family provision claim in the Supreme Court of Queensland (including appearing in an application successfully resisting the removal of the individual as litigation guardian).