Mark has conducted, as mediator, just over 150 mediations and is a Graded Arbitrator, a Nationally Accredited Mediator, and a LEADR Accredited Mediator.
Calling on his many years of experience in both building and construction, and commercial litigation generally, Mark is a Graded Arbitrator (Grade 2) with the Resolution Institute and a Graded Arbitrator with the Royal Institution of Chartered Surveyors. He is also sought to act as expert to decide disputes through expert determination.
Mark is also a qualified mediator, having previously been on the panel of mediators maintained by firstly the Queensland Building Tribunal and, after that, the Queensland Commercial and Consumer Tribunal. He is now engaged privately to act as a mediator, both in relation to building and construction disputes, professional negligence disputes and commercial disputes generally.
Mark has, as mediator, mediated over 150 commercial disputes and is a Graded Arbitrator, a Nationally Accredited Mediator under the National Mediator Accreditation Scheme, and a LEADR Accredited Mediator.
Recently Mark has mediated:
- an unfair preference action brought by a liquidator in the Federal Court of Australia;
- an oppression action brought by a minority shareholder in the Supreme Court of Queensland;
- an action for professional negligence brought in relation to the sale of a business, by substitution of the trustee of a discretionary trust, in the Supreme Court of Queensland by the vendor;
- a contract of carriage dispute before the Supreme Court of Queensland.
He is also a qualified and registered adjudicator under the Queensland Building Industry Fairness (Security of Payment) Act 2017 and the Northern Territory Construction Contracts (Security of Payments) Act 2004. He is also a qualified and accredited adjudicator under the New South Wales Building and Construction Industry Security of Payment Act 1999, Victorian Building and Construction Industry Security of Payment Act 2002 and, in Western Australia under its Construction Contracts Act 2004. In that vein, he is often called to advise upon the validity of payment claims made under the Act, assist in their preparation or defence in adjudications carried out under the Act, advise upon the validity of decisions made by other adjudicators, and where necessary challenge them in court.
Mark has, as an adjudicator, decided eighteen disputes both in Queensland and interstate.
Mark has also, in addition to conducting a number of adjudications himself as adjudicator, assisted a subcontractor in pursuing successfully a head contractor for payment through adjudication, by advising upon the content of the adjudication application and preparing the accompanying submissions to the adjudicator, in support of the subcontractor’s claim.