Mark Campbell

  • Barrister - victorian bar
  • ACCREDITED MEDIATOR
  • Owen Dixon Chambers West, Room 1507, 525 Lonsdale Street, Melbourne VIC 3000
  • BAR ROLL: 1988 | ADMITTED: 1986
  • +61 3 9225 8344 | 0417 334 255
  • mcampbell@vicbar.com.au
Mark Campbell Barrister

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 a 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.

SELECTED CASES
 

High Court

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 [2001] HCATrans 255: special leave application – negligence - personal injury.

Court of Appeal

Seifert v Chaudhary [2012] VSCA 17: guarantee - stay on execution of judgment pending appeal.

Hanna v Hanna [2010] 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; [2010] 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 [1999] VSCA 193: judicial bias.

Supreme /Federal Court

Charles Lloyd Property Group Pty Ltd v Buchanan [2013] 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 [2010] VSC 391: specific performance - contract for sale of land- misleading or deceptive conduct.

IMO Hyro Ltd [2010] VSC 667: Corporations Act application to wind up company.

Connell & Anor v Pistorino [2009] 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 [2008] 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 [2008] VSC 180: oppression proceedings – discovery of documents.

Kids Campus Holdings Pty Ltd v Kelly & Anor [2007] VSC 282: commercial lease - assignment of term of lease – consent reasonably withheld.

Morton v Elgin-Stuczynski [2006] VSC 279 - contract dispute loan agreement.

Re Alu-Tech Shopfitters Pty Ltd; Dare v Keegan [2004] VSC 342: oppression action – winding up of company - valuation.

Opeka Pty Ltd v Mackie Group Pty Ltd [2003] VSC 183: appeal from Magistrates’ Court - exercise of discretion.

Welltina Pty Ltd v Mamone [1999] FCA 905: Corporations Act application.

Latham v Gilmour [2005] 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.

County Court

Roadstar Caravans Pty Ltd v Emjay Products Pty Ltd & Anor [2013] 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 [2011] VCC 700: breach of contract - fiduciary duties - property development.

Chaudhary V RJ & RC Electrical Solutions Pty Ltd & Anor [2011] VCC 1350: guarantee – perfection of securities – waiver of right to rely on obligation to perfect securities.

Chaudhary v Seifert [2011] VCC 1435: enforceability of guarantee.

Equuscorp Pty Ltd v Harris and ors [2009] VCC 558: contract – stay for want of prosecution. 

VCAT

Jordan v Vuletic [2007] VCAT 575:  domestic building dispute – implied warranties.

Salem Enterprises Pty Ltd v CJS Food Enterprises Pty Ltd [2008] VCAT 320: retail tenancy - challenge to expert determination of rent increase.

Perry v Binios [2006] VCAT 1604: domestic building dispute.

Smith v Gleneagles Homes Pty Ltd [2005] VCAT 1102: domestic building dispute.

David v Stonnington CC [2005] VCAT 34: domestic building dispute.  

Industrial relations 

K Wells and K Webb v Ginza Sauna & Spa Pty Ltd Trading as Royal City [1999] 45 AILR 4-019: unfair dismissal.

Commissions/Inquires

Victorian Bushfires Royal Commission 2009: retained by Parks Victoria, with J. Langmead SC, to appear and advise.

PUBLICATIONS

"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.

To get in touch with Mark Campbell | or for more information please contact the Clerk on: +61 3 9225 7222 or clerkb@greenslist.com.au

Liability limited by a scheme approved under Professional Standards legislation.

publications - presentations - seminars

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