Mark Wiese

Clayton Utz
Special Counsel Sydney
Overview

Mark Wiese is an expert in the management of a wide range of insurance-related matters, covering general, life and statutory insurance business and reinsurance.

Mark advises industry, corporate and government clients on contracting, regulation and compliance, regulator engagement and investigations, insurance and indemnity issues, and policy interpretation and negotiation. He acts for policyholders in the conduct of large, complex or contentious insurance claims. He also has expertise in administrative law, and advises government clients on matters of statutory interpretation, government decision-making, legislative drafting, licensing, and law reform and policy implementation.

Notable Work
Transactional
  • Advised local and overseas insurers (both general and life) on a variety of agreements including agency, product distribution, claims handling, regulatory and compliance services, broking services, share sale, and reinsurance agreements.
  • Advised various government authorities in structuring, drafting and negotiating contractual arrangements associated with statutory classes of insurance.
  • Advised on insurance and risk issues in a wide range of commercial transactions for corporate and government clients, including infrastructure procurement, property development, insolvent company administration, mergers and acquisitions, debt sale, and service procurement, as well as in business-as-usual insurance programs.
Insurance claims
  • Advised commercial, government and not-for-profit clients on insurance claims for the costs of attendance at inquiries including ICAC and Royal Commissions.
  • Advised on complex property insurance claims arising out of an earthquake and failures of key infrastructure, and advised government agencies on property and business interruption claims under government-wide self-insurance cover.
Disputes
  • Acted in numerous contentious insurance claims, advocating for policyholders and prosecuting claims under professional indemnity, product liability, property and business interruption and a range of other types of insurance policies.
  • Acted in a range of insurance industry and other commercial disputes concerning allegations of breach of contract or professional duty.
Regulatory
  • Advised local insurers as well as regulators in connection with regulatory investigations, customer remediation, and other matters.
  • Advised local and foreign insurers on authorisations to carry on insurance business, sale of financial services companies, prudential standards, interpretation of regulatory laws and scope of enforcement powers.
  • Advised financial services licensees and authorised representatives on a wide range of Chapter 7 compliance issues.
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