Mark Waller
Clayton Utz
Consultant
Brisbane
Mark Waller is a skilled operator who demonstrates commercial awareness from the outset, providing novel commercial solutions to existing issues. We have great confidence that we are obtaining the right expertise for our complex matter from the very first call.
– Chambers
Overview
As a litigator with over 35 years' experience, Mark acts for some of Australia’s leading listed public companies and government corporations and agencies in commercial and common law litigation and dispute resolution. Additionally, Mark advises many clients on various insurance issues, including insurance compliance and risk management, insurance policy review, project/infrastructure indemnity and insurance arrangements, directors' & officers' (D&O) insurance and indemnity arrangements.
Notable Work
- Commonwealth Bank of Australia: part of the team acting for the CBA in respect of a number of customer remediation programs, class actions and other litigation, including following the collapse of Storm Financial, ASIC investigations and the Banking Royal Commission, involving regulatory investigations, customer remediation and financial lines insurance claims.
- Lehman Brothers Australia Limited (in liquidation): acted for the Liquidators of Lehman Brothers Australia in a range of matters arising from the collapse of Lehman, including the development of a unique scheme of arrangement to facilitate the settlement of Lehman's claim on both its local and global liability insurance program and the development of a claims resolution process (CRP) to resolve investor claims. the Liquidators in respect of claims under Lehman's local and New York arranged liability insurance. Both insurance claims were resolved by mediation, with the New York claim being mediated in New York and involving a US mediator and 20 plus insurers as counter-parties. The claims resulted in recoveries of over $50M for the estate.
- State of Queensland, Department of Transport & Main Roads: leading the team acting in two separate matters in relation to a number of claims by owners of property adjacent to Airport Link, with one group alleging their properties have been affected by subsidence and property damage due to the construction and operation of the tunnel and the other group alleging the project has caused adverse flooding impact to their property. To date, the matters have been handled by negotiation, without the property owners commencing litigation against the State, and the State prosecuting recovery proceedings against the public-private partnership and building contractor.
- Brisbane Airport Corporation/PFAS contamination: acting in Supreme Court proceedings against Airservices Australia seeking relief in relation to PFAS contamination at Brisbane Airport, and associated insurance, regulatory and other work. The matter is factually and legally complex and is the first substantive litigation in Australia by a civilian airport operator in relation to PFAS contamination. Mark is also acting for other airport operators and clients in relation to management of PFAS risks and insurance recovery of PFAS-related costs.
- Food poisoning claims: acted for a food service business in respect of claims by over 30 people who alleged that they contracted salmonella and other food borne diseases through food prepared by our client. The claimants' solicitors initially issued a press release announcing their intention to commence a class action against our client and we subsequently developed, with the client and the claimant's solicitors, a claims resolution process under which all the claims were resolved, avoiding litigation and the PIPA pre-litigation process.
- D&O liability, indemnity and insurance: advises clients on D&O liability, insurance and indemnity issues, including those issues when they arise in the context of a corporate transaction.
- Project/Infrastructure liability and insurance risk: advised corporate and government clients in relation to insurance and liability risk allocation issues in some of the country's largest construction and infrastructure projects.
Insights
Business interruption insurance for COVID-19 – do you have a valid claim?
2 Feb 2023 | Article
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COVID-19 business interruption insurance claims: the outcome of the Test Case process
1 Nov 2022 | Article
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COVID-19 claims under business interruption insurance – NSW Court of Appeal gives go-ahead in test case
19 Nov 2020 | Article
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COVID-19 and property/business interruption insurance un-occupancy exclusions? Be proactive and don't wait
30 Apr 2020 | Article
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Media Release: Businesses, interrupted may have cover for COVID-19 despite "quarantinable disease" exclusion
8 Apr 2020 | Media Release
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Consultants beware – you might be liable for combustible cladding following the Lacrosse Tower judgment
5 Mar 2019 | Article
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