Profile

Mark practises in commercial and public law. He is regularly briefed to advise and appear in proceedings in a range of areas, including corporations and financial services law, contract disputes, constitutional law and administrative law.

Before coming to the Bar, Mark was an associate to the Hon Justice Crennan AC at the High Court of Australia and a solicitor at Allens.

Mark has degrees in commerce and law from the University of Adelaide and a Master of Law from the University of Cambridge. Mark studied at Cambridge as a Cambridge Trust Scholar and received the B R D Clarke Prize for Best Overall Performance in the LLM and the Gareth Jones Prize for Restitution.

Matters in which Mark has been briefed include:

Commercial law

Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry: in 2018, Mark was part of the team of counsel assisting the Commission (led by Rowena Orr QC and Michael Hodge QC)

Oswal v Australia and New Zealand Banking Group Ltd (Supreme Court of Victoria): acted for the lender and receivers in proceedings concerning the sale of mortgaged property (led by Matthew Connock QC, Justin Graham and Michael Rush)

Sayers Property Holdings Pty Ltd v Di Dio Nominees Pty Ltd (Supreme Court of Victoria): acted for the plaintiff in proceedings concerning an option to purchase property subject to an unregistered plan of subdivision (led by Paul Anastassiou QC)

The Pacrim ESP Pty Ltd v Terzini Motore Aust Pty Ltd (Supreme Court of Victoria): acted for the plaintiff in proceedings seeking specific restitution of a chattel, involving issues of agency and tracing (led by Paul Anastassiou QC)

Constitutional law

Spence v Queensland (High Court of Australia): acted for the State of Victoria in a proceeding concerning the validity of a Queensland law prohibiting property developers from making political donations (led by Kris Walker QC, Solicitor-General of Victoria)

Re Lambie [2018] HCA 6; (2018) 92 ALJR 285: acted for the State of Victoria in a proceeding concerning the meaning of the phrase "office of profit under the Crown" in s 44 of the Constitution (led by Kris Walker QC, Solicitor-General of Victoria)

Brown v Tasmania [2017 HCA 43; (2017) 261 CLR 328: acted for the State of Victoria in a proceeding concerning the validity of a Tasmanian law regulating protest activity on business premises (led by Richard Niall QC, Solicitor-General of Victoria)

Administrative law

Medical Board of Australia v Kemp [2018] VSCA 168: acted for the Medical Board of Australia in an appeal concerning the application of "medical privilege" in disciplinary proceedings against medical practitioners (led by Jason Pizer QC)

Reardon v Magistrates’ Court of Victoria [2018] VSCA 76; (2018) 331 FLR 291: acted for the appellant in an appeal concerning the validity of charges brought under the Crimes Act 1987 (Vic) (led by Christopher Caleo QC)

Australian Workers' Union v Registered Organisations Commissioner [2017] FCA 1554: acted for the applicant in a challenge to the validity of a raid on the applicant's premises (led by Herman Borenstein QC, with Chris Tran)

AB & EF v CD [2017] VSC 350; AB v CD & EF [2017] VSCA 338: acted for the Victorian Director of Public Prosecutions in a proceeding concerning the disclosure of information about Lawyer X (led by Sue McNicol QC and Chris Carr)

CFMEU v Commissioner, Australian Federal Police [2015] ACTSC 362; (2015) 305 FLR 143: acted for the plaintiff in a challenge to the execution of a search warrant by the Australian Federal Police (led by Peter Morrissey SC)

Mark regularly appears in cases concerning judicial review of decisions made under the Migration Act 1958 (Cth).

Mark is a reporter for the Commonwealth Law Reports.

Please click here to view the List A Barristers profile of Mark Hosking.