Mark Waller

Partner, Brisbane

+61 7 3292 7005
Mark Waller

Sub prime litigation: Advising a major investment bank in relation to disputes with a large number of Australian investors arising from the fall in value of CDOs associated with the sub-prime fallout in the United States.  In particular, we are providing advice on recovery under the client's professional indemnity, directors' and officers' and investment management insurance policies in Australia and in the United States.

Department of DefenceF-111 Deseal/Reseal Class Actions: This matter involved the defence of two class actions commenced under the class action provisions of the Queensland Uniform Civil Procedure Rules.  We successfully challenged the actions on a number of grounds, including non-compliance with PIPA, and both actions were discontinued.

ACT Insurance Authority - Canberra bushfires: Advising the captive insurer of the ACT Government in respect of insurance and reinsurance claims associated with property losses following the Canberra bushfires.  This involved the review of complex industrial special risks and business interruption insurance and reinsurance covering property worth $750 million.

Queensland Water Commission, Department of Natural Resources and Water, Port of Townsville, Department of Transport, Department of Main Roads and SEQ Water: Advising these government bodies on legal liability and risk management issues and particularly the liability of public authority reforms introduced by the Civil Liability Act 2003.

Airport Link and Northern Busway and Tugun Bypass: Advising the State of Queensland on insurance and liability risk transfer issues associated with the joint procurement of the Airport Link and Northern Busway Infrastructure Projects and the Tugun Bypass Project.

Corporate D&O reviews: Advising a number of publicly listed companies and their Boards in relation to director’s insurance and indemnity issues,  including Queensland Investment Corporation, Queensland Rail,  Babcock and Brown, Billabong International Limited, GWA International Limited, GPT Group and RACQ

D&O and M&A transactions: Advising on directors’ insurance and indemnity issues arising from private equity and M&A transactions, including advice in relation to the private equity transactions involving the Colorado Group Limited and Mincom Limited, the merger between Smorgon Group Limited and OneSteel Limited and the recent acquisitions of Sunshine Gas Limited by Queensland Gas Limited and then its subsequent acquisition by BG Group Plc.

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