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, leasing and project contract disputes.
Major projects and clients
Mining claims – Mark has acted for several mining companies, contractors and equipment manufacturers in contract disputes and major incidents including damage to 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. He has acted for power stations and pipeline operators in pricing disputes and equipment failures. His involvement in the economic loss issues arising in the energy & resources industry has given him experience in mining, oil & gas contracting practices and procedures including take or pay arrangements.
Business interruption claims – Mark has acted in a range of BI claims where indemnity issues were difficult or ambiguous. He acted 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 and also represented the supplier of contaminated products in presenting and pursuing the business interruption claim for the losses from the interference which followed a Health Department closure. Mark is also acting for the owners of coal mines in BI claims resulting from the 2008 Queensland floods.
Property disputes – Mark has handled a wide variety of disputes on behalf of property owners, developers and landlords in relation to disputes ranging from ‘off the plan’ sales to those involving easements, leases and purchases of commercial industrial and tourism properties.
Product liability and recall litigation – Mark has acted for the supplier of ingredients in defending a class action and significant consequential loss claim which followed the nationwide product recall of retail food brands. Mark has also handled a variety of crop loss claims on behalf of 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.
Access disputes — Mark has acted 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 a 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.
Shareholders disputes – Mark has been involved in the negotiation, resolution, and litigation of various shareholder disputes including oppression claims (advising at various times both the company and the minority shareholder).
Risk and insurance reviews – Mark has been involved in the review and risk assessment of business operations, followed by an audit of the insurance program and a ‘gap analysis’ of the identified risks which are not insured.
