Mark had practiced as a barrister at the private bar for around 20 years, specialising in commercial law, company law, and equity (real property, trusts and wills and probate). Mark had regularly appeared in the Supreme Court, the Federal Court of Australia and the High Court of Australia.
Mark had also been involved in conciliation, dispute resolution and mediation. Mark appeared for clients in over 500 mediations over the years, ranging from multi-million-dollar commercial disputes to smaller (and often highly emotional) probate and family disputes.
Mark had a very high success rate in resolving difficult disputes and conflicts by his in-depth legal knowledge, specialist negotiating skills and pragmatism.
Mark joins Gillard Consulting Lawyers as Special Counsel to assist clients in all aspects of litigation from start to finish, including by appearing for clients as a solicitor advocate in both hearings and appeals; and providing specialist legal advice and guidance.
Examples of Cases in which Mark has appeared
In the Supreme Court of NSW, Court of Appeal:
- Ell, Richard Austin v Ell, Stephen Maxwell [2015] NSWCA 38 – Mark’s client was successful in the appeal regarding the construction of a will; whether the will released debt owing to the testator; whether release was conditional upon debtor having provided registered security for a debt by way of mortgage; use of evidence of surrounding circumstances evidence to identify knowledge and intentions of testator.
- Hawcroft General Trading Co Pty Ltd v Hawcroft [2017] NSWCA 91 – Mark’s client was successful in the appeal regarding estoppel by conduct; whether appellant company had made a clear and unequivocal representation upon which the deceased had relied to his detriment; whether there was a common operative mistake; whether parties entered into deeds under bilateral mistaken belief; construction and interpretation of contracts.
- Carnemolla v Adelaide Bank [2013] NSWCA 122 – Mark’s client was successful in the appeal; issues included: the validity of a mortgage; establishing no fraud; no forgery; broker did not mislead appellants.
In the Supreme Court of NSW:
- Hobhouse v Macarthur-Onslow [2016] NSWSC 1831 – Mark’s client was successful in largely upholding the will of the deceased in a large estate and dispute involving around $200 million.
- Land Enviro Corp Pty Limited v HTT Huntley Heritage Pty Limited [2012] NSWSC 382 – in a case which ran at trial for over one month, Mark’s clients were successful in defending allegations of misleading or deceptive conduct; fiduciary duties; in the context of a case claiming around $100 million in damages.
- Kanjian Holdings No 1 Pty Ltd v Kanjian; Kanjian v Kanjian (No 3) [2021] NSWSC 839 – in a case which ran at trial for around one month, Mark’s clients were successful in defending serious allegations of alleged unconscionable conduct, undue influence and dishonest misrepresentations.
Some other cases of significance:
- Zaccardi v Caunt [2008] NSWCA 202, an appeal regarding the validity of notices to complete in contracts for sale of real property land and exchange of counterparts in non-identical terms; whether unenforceable oral agreement.
- Buffrey v Buffrey & Anor [2006] NSWSC 1349, a case analysing the principles of resulting trusts over real property land and the various legal presumptions.
- Poulos v Eberstaller [2013] NSWSC 1849, successfully setting aside a transfer of real property land under s 37A of the Conveyancing Act; application of contractual principles where one cannot benefit from own wrong under a contract.