Current practice

Mark is a commercial litigation lawyer with a wide range of experience in contract, negligence and trade practices claims.

He has particular expertise in insurance law and has represented several major corporates in indemnity disputes with insurers concerning coverage under property damage, business interruption and liability policies.

Industry experience

Mark has an extensive background in contract law, insurance law, product liability, professional negligence and corporate and Trade Practices litigation.  His industry focus has included the mining, manufacturing, property, primary industries and professional services sectors.

Areas of practice include:

• business v business dispute resolution
• pursuing difficult or declined insurance claims for business clients
• contract and access disputes involving infrastructure and general business arrangements, and
• property disputes including issues arising with ’off the plan‘ developments and sales.

Major matters

Mining claims – Mark has acted for several mining companies and equipment manufacturers over damaged mining machinery including draglines, reclaimers, bulldozers and dump trucks.  He acted for the owner of DBCT in a landmark case, successfully pursuing indemnity against insurers which had declined coverage for a collapsed reclaimer initiated through faulty workmanship.  His involvement in the business interruption issues arising in mining claims has given him experience in coal mining practices and procedures including take or pay arrangements.

Power station business interruption – acting for the operator of a coal fired power station in respect of the business interruption loss and indemnity issues arising from the damage to a turbine bearing.

Peanut butter recall litigation – acting for the supplier of salmonella contaminated nuts in defending a class action and significant consequential loss claim which followed the nationwide product recall of Kraft peanut butter brands.  Mark also represented the supplier in presenting and pursuing the business interruption claim for the losses from the interference which followed.

Residential estates and community title disputes – Mark has handled a wide variety of disputes on behalf of property developers, particularly in relation to disputes arising from ‘off the plan’ sales.  He also acted for many years for the head office and several major franchisees of one of Australia’s leading real estate companies.

Access disputes — acting for the owner of the Dalrymple Bay Coal Terminal in the submissions relating to the access undertaking at the terminal, the price arbitration with access seekers and the negotiation of the standard access agreements. He also acted for the owner of the Queensland Gas Pipeline in a dispute over charges levied under a Gas Transportation Agreement.  From this experience, Mark gained an exposure to a wide number of access regimes in the infrastructure and energy sectors.

Technology consultancy claim – successful resolution of a multi-million dollar claim by a public listed company against an international consultancy firm with respect to the recommendation, proof of concept, design and implementation of a new accounting software system.

Risk and insurance reviews – review and risk assessment of a $70 million poultry breeding operation, followed by an audit of the insurance program and a ‘gap analysis’ of the identified risks which were not insured.

Fertiliser product liability claims – Mark has handled a variety of crop loss claims on behalf of fertiliser manufacturers, rural agents and aviation insurers in relation to yield loss allegedly arising from the incorrect recommendations and applications of fertilisers, herbicides and irrigation methods.

Shareholders oppression claims – negotiation and resolution of various shareholder oppression claims (for both the company and the minority shareholder).

Professional background

Mark graduated from the Queensland University of Technology in 1985 with Second Class Honours. He has subsequently completed the Associateship qualification through the Australian Insurance Institute.

He has lectured in insurance law in the Diploma of Business course previously run by the Australian Insurance Institute (now ANZIIF) and has also tutored part time in law of contract at the Queensland University of Technology.

Mark is a past member of the Executive Committee of the Australian Insurance Law Association and was the inaugural chapter secretary of the Queensland Branch of the Australian Professional Indemnity Group.