PROFILE

Full Name: Mark G McNamara
Email: markmcnamara@vicbar.com.au
Phone:+61 3 9225 6770
Chambers: Aickin Chambers
Room: 2010
Date of Admission: 7 Apr 1988
Called to the Bar: 30 Nov 1995
Qualifications: B.Comm., LL.B.

Profile

Mark McNamara has approximately 20 years experience as a commercial litigation lawyer. Immediately prior to joining the bar he was a Senior Associate in Herbert Geer & Rundle’s commercial litigation section.

Since joining the bar in 1995 Mark has had a broad commercial practice with particular emphasis upon banking and finance, equity, insolvency, joint ventures and partnerships, property, sale of goods and retail tenancies. He has been involved in many large and complex cases.

Mark has appeared in the High Court (without a leader on special leave applications), Federal Court, Supreme Court, County Court, VCAT and the Federal and State Magistrates’ Courts. Although Mark particularly enjoys appearing in court he has an extensive practice in drawing pleadings and other court documents and providing advice.

Matters in which Mark has recently been involved include the following:

• Various corporations matters including an insolvent trading action brought by nine plaintiffs against company directors: Tru Floor Service Pty Ltd v Jenkins (No. 2) (2006) 232 ALR 532.

• A wide variety of contractual disputes including disputes concerning joint ventures, sale of business, sale of land, sale of goods and even an entitlement to payment of interlocutory costs orders following entry into terms of settlement: Fastlane Australia Pty Ltd v Nolmont Pty Ltd [2007] FCA 492.

• Actions, most frequently on behalf of financial institutions, in respect of loan agreements, mortgages, guarantees, leases and hire-purchase agreements.

• Actions, most frequently on behalf of landlords, in respect of retail and other commercial leases: see for example Mega Byte Baby Pty Ltd v WJH Pty Ltd [2005] VCAT 1391.

• Insurance, including acting in relation to a claim by the Melbourne Aquarium for damages following the legionella outbreak.

• Actions involving breach of fiduciary duty and misleading and deceptive conduct, including actions against business partners, joint venturers, company directors and employees.

• Group proceedings concerning agricultural schemes and projects.


Areas of Practice

Common Law/Personal Injury

  • Intentional Torts
  • Professional Negligence

Commercial

  • Banking
  • Bankruptcy
  • Building and Construction
  • Competition
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations Law
  • Insurance
  • Real Property
  • Securities and Investments

Equity

  • Family Provision
  • Trusts
  • Wills and Probate

Alternative Dispute Resolution

From 1 Jul 2008, liability limited by a scheme approved under Professional Standards Legislation.


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