TYPE OF PRACTICE Mark was admitted to practice in 1986 having completed articles at Lander & Rogers.
Since signing the Bar Roll in 1988 he has established a general commercial practice appearing in all jurisdictions in his areas of current practice. He is an experienced mediator and from 1995 has been accredited by the Victorian Bar.
He conducts mediations as either Counsel for a participating party or as Mediator.
Mark is a casual lecturer in Advanced Contract Law at RMIT University, an advocacy coach at the Australian Catholic University Law School and Melbourne University Law School student mentor.
MEDIATION FACILITIES Should Mark be retained as either mediator or Counsel for a mediation he is able to offer rooms and facilities on the 15th floor of Owen Dixon Chambers West suitable for use in the mediation at no cost to the parties.
Equuscorp Pty Ltd v Haxton & Ors (2012) 246 CLR 498; 86 ALJR 296; 286 ALR 123: restitution – illegal contracts of loan – assignment of remedy for recovery of moneys lent pursuant to unenforceable or illegal contracts – construction of deed of assignment.
Harper v Secretary to the Department of Natural Resources & Energy  HCATrans 255: special leave application – negligence - personal injury.
Court of Appeal
Seifert v Chaudhary  VSCA 17: guarantee - stay on execution of judgment pending appeal.
Hanna v Hanna  VSCA 268: construction of terms of settlement - administration of estate.
Morton v Elgin-Stuczynski & Anor 19 VR 294: construction of term of contract.
Haxton & Ors v Equuscorp Pty Ltd 28 VR 499; 265 ALR 336;  VSCA 1: restitution - moneys had and received - illegality of contracts of loan - construction of lending agreements - authority to execute documents under the Companies Code/Corporations Act.
State of Victoria v Psaila & Anor; State of Victoria v Lamb  VSCA 193: judicial bias.
Supreme /Federal Court
Charles Lloyd Property Group Pty Ltd v Buchanan  VSC 148: sale of land - misleading or deceptive conduct - silence – vendor’s failure to disclose suicide on land – summary judgment.
Bovino Pty Ltd v The Casey Group Holdings Pty Ltd  VSC 391: specific performance - contract for sale of land- misleading or deceptive conduct.
IMO Hyro Ltd  VSC 667: Corporations Act application to wind up company.
Connell & Anor v Pistorino  VSC 289: administration of a deceased estate – misappropriation of estate assets - injunction to enjoin solicitor from continuing to act in proceeding.
Equuscorp Pty Ltd v Percival  VSC 116: contract of loan – stay for want of prosecution.
Equuscorp Pty Ltd v Bassat & Ors (2007) 216 FLR 1: Counsel for 354 defendants - commercial dispute - assigned claims for the recovery of loans made to investors facilitating their participation in a tax driven joint venture scheme – restitution – illegality – breach of prescribed interest provisions.
Kallitsas v Emerson Finance Pty Ltd & Ors  VSC 180: oppression proceedings – discovery of documents.
Kids Campus Holdings Pty Ltd v Kelly & Anor  VSC 282: commercial lease - assignment of term of lease – consent reasonably withheld.
Morton v Elgin-Stuczynski  VSC 279 - contract dispute loan agreement.
Re Alu-Tech Shopfitters Pty Ltd; Dare v Keegan  VSC 342: oppression action – winding up of company - valuation.
Opeka Pty Ltd v Mackie Group Pty Ltd  VSC 183: appeal from Magistrates’ Court - exercise of discretion.
Welltina Pty Ltd v Mamone  FCA 905: Corporations Act application.
Latham v Gilmour  VSC 227: oppression proceedings – valuation of shares in company – whether oppressive conduct.
A & C Robins Constructions Pty Ltd and Ors. V Monastery Apartments Pty Ltd and Ors: joint venture - property development.
Bates and Anor. V Sage and Ors: Federal Court: breaches of the Trades Practices Act, ASIC Act and Corporations Act - collapse of the Merchant Pacific Group of companies.
Victoria Amateur Club v R. Grouse and Ors: negligence and breach of contract - design and installation of "glass curtains" in the grandstand of the Caulfield racecourse.
In the matter of P. Forrest and Ors v Dissanyake and Anor: restrictive covenants – declarations as to meaning – properties in building schemes.
Roadstar Caravans Pty Ltd v Emjay Products Pty Ltd & Anor  VCC 1921: misleading or deceptive conduct – Goods Act – implied warranties as to fitness for purpose – negligence – pure economic loss.
J. Borg & Anor v P. Ahchow & Anor  VCC 700: breach of contract - fiduciary duties - property development.
Chaudhary V RJ & RC Electrical Solutions Pty Ltd & Anor  VCC 1350: guarantee – perfection of securities – waiver of right to rely on obligation to perfect securities.
Chaudhary v Seifert  VCC 1435: enforceability of guarantee.
Equuscorp Pty Ltd v Harris and ors  VCC 558: contract – stay for want of prosecution.
Jordan v Vuletic  VCAT 575: domestic building dispute – implied warranties.
Salem Enterprises Pty Ltd v CJS Food Enterprises Pty Ltd  VCAT 320: retail tenancy - challenge to expert determination of rent increase.
Perry v Binios  VCAT 1604: domestic building dispute.
Smith v Gleneagles Homes Pty Ltd  VCAT 1102: domestic building dispute.
David v Stonnington CC  VCAT 34: domestic building dispute.
K Wells and K Webb v Ginza Sauna & Spa Pty Ltd Trading as Royal City  45 AILR 4-019: unfair dismissal.
Victorian Bushfires Royal Commission 2009: retained by Parks Victoria, with J. Langmead SC, to appear and advise.
"Litigation: Appearing Before VCAT" (August 2003) Published by the Victorian Law Institute.
“What is the Future of Franchising?” - Paper presented at Green’s List seminar.
Reporter for the Victorian Reports.