Mark Campbell

Accredited Mediator

Mark is a Nationally Accredited Mediator.

Profile

Mark has over 35 years' experience as a barrister handling all types of applications, conducting trials and appeals. His practice covers commercial litigation involving equity, trusts, wills and estate disputes, corporation law disputes, oppression proceedings, building cases, property law matters concerning contract disputes for the sale of land, adverse possession claims, easements, caveats, lease disputes, claims of misleading or deceptive conduct, franchise disputes, employment law matters and environmental law disputes.

Mark lectured in Advanced Contract Law at RMIT University, coaches advocacy at the Australian Catholic University Law School and mentors students at Melbourne University Law School.

ACCREDITED MEDIATOR

Mark is a Nationally Accredited Mediator with extensive experience in mediations across all areas of his practice. He has conducted countless mediations over the course of his career. His legal expertise and commercial insights gained from preparing for and conducting trials allow him to swiftly identify key issues and formulate strategies for resolution. He possesses strong interpersonal skills for effective communication with litigants and their lawyers.

MEDIATION FACILITIES

Mark offers complimentary rooms and facilities on the 15th Floor of Owen Dixon Chambers West for mediations if he serves as mediator or Counsel for a party involved.

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 & Ains 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.