Mark specialises in banking recovery, including all forms of consumer and corporate recovery and insolvency. He has acted for banks and other financial institutions, receivers, liquidators and administrators for over 24 years.
Mark has extensive experience in acting for Australia's major banks in:
Recovery and enforcement
- draft and issue of demands or statutory notices
- recovery of all forms of unsecured debt
- proceedings to wind up corporate customers
- issuing attachment notices and enforcing judgments
- appointments of bankruptcy trustees and liquidators
- conducting security reviews to advise on enforcement action
- workouts, mortgagee repossession and equipment or leasing repossession
- factoring or discount invoicing recoveries
- appointment of voluntary administrators and receivers
- mediation of disputes including under the Farm Debt Mediation Act
Litigation and dispute resolution
- breach of contract and duty, misrepresentation, fraud and estoppel
- proceedings involving notices issued by State or Federal authorities
- cheque disputes, especially relating to fraud
- proceedings involving documentary letters of credit and banker's undertakings
- Ombudsman complaints and banker or customer disputes
- proceedings to protect caveats
Recent matters in which Mark has been involved include acting for a major bank and receivers in significant property developments in Bathurst, Nelson Bay and Wollongong. He has acted on some major recoveries in the hotel and liquor industry, along with a significant matter where the Supreme Court made orders to void a transfer by a corporate debtor to a Phoenix company as a transaction intended to defeat creditors. He also specialises in the recovery of loss associated with negligent valuations in connection with securitised loans.
Mark has coordinated the establishment of recovery extranets to assist financial institutions to monitor the status of recovery and enforcement action on secured and unsecured lending transactions, and to provide new instructions or update current instructions.