Mark has gained a wealth of knowledge and experience whilst acting in a range of commercial disputes.
In addition to his practice in building and construction law, since commencing practice at the Bar, now over 20 years ago, Mark has developed a general practice in commercial litigation.
Accordingly, he has acted in a range of commercial disputes including:
- property matters, including vendor purchaser disputes, lease disputes, and applications for relief against forfeiture, caveats and their removal;
- corporate insolvency and personal bankruptcy including statutory demands, termination of windings up, and bankruptcy notices and petitions;
- corporate matters generally;
- defence of claims of unfair dismissal;
- contract disputes generally;
- arbitration, including the registration of domestic arbitral awards, as well as advising upon the validity, under Australian law, of international arbitral awards for enforcement in overseas courts;
- the registration of foreign judgements in Queensland.
Mark has recently:
- acted successfully for the directors and shareholders of a company, then in liquidation, in having the winding-up terminated and the company returned to their control, allowing accrued losses to be available for taxation accounting purposes;
- advised an employer in relation to an unfair dismissal claim and appeared on the employer’s behalf before Fair Work Australia, leading to the claim being later abandoned by the former employee;
- advised a contractor in relation to the exclusion of a key employee from a remote mining and engineering site.
Mark is currently acting:
- in the Federal Court of Australia for a large manufacturer of heavy industrial and excavation plant in lease dispute arising out of the Australian Competition and Consumer Law Act 2010 over a factory;
- a developer claiming compensation in the Supreme Court of Queensland from a neighbouring building owner, under the Property Law Act 1973 in respect of a subterranean encroachment;
- a company director in relation to allegations (which are denied strongly) in the Supreme Court of Queensland of deceptive and misleading conduct as well as deceit.