image of Mark SammutMark Sammut

Clayton Utz Consultant , Brisbane T +61 7 3292 7102 https://www.claytonutz.com

Mark Sammut has more than 20 years' experience specialising in commercial litigation and insurance.

Mark has successfully managed disputes on behalf of our clients in the fields of insurance coverage, professional indemnity, managed investments, Trade Practices Act claims, contract disputes, ASIC investigations, director's liability, property investment, valuer's negligence, auditor's liability, class and multi-party actions, reinsurance, products liability, workplace health and safety prosecutions, disciplinary proceedings, mining and resources claims, sub-prime litigation, local authority claims, major fraud, PIPA proceedings and engineering disputes.

Mark also has considerable experience in risk allocation in commercial contracts and insurance reviews.

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Expertise

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Insurance and Risk

Insurance coverage dispute: Acted for a financial services licensee against Lloyds Underwriters in a dispute under a professional indemnity policy.  The underlying litigation related to major Supreme Court litigation prosecuted by 47 plaintiffs as a result of losses sustained in an unregistered managed investment scheme resulting from the fraud of an authorised representative.


Canberra bushfires: 
Advised client 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.


Pipeline dispute: 
Successfully acted for a construction company in a large and complex property insurance dispute over flood damage to a gas pipeline against Lloyds' underwriters.

See Insurance and Risk

Litigation and Dispute Resolution

Insurance coverage dispute: Acted for a financial services licensee against Lloyds Underwriters in a dispute under a professional indemnity policy.  The underlying litigation related to major Supreme Court litigation prosecuted by 47 plaintiffs as a result of losses sustained in an unregistered managed investment scheme resulting from the fraud of an authorised representative.


Investment scheme litigation: 
Acted for a major international bank in connection with 11 sets of legal proceedings brought by investors in a failed loan scheme called the "Wattle Group".  The actions involved allegations of fraud and misleading and deceptive conduct under the Trade Practices Act.


Two-tier property market: 
Acted for a major non-bank lender in relation to the entirely successful defence of 91 claims issued by purchasers of Gold Coast property funded by our client.


Canberra bushfires: 
Advised client 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.


Class action: 
Acted in Trade Practices Act litigation relating to a fraudulent investment scam where there were 176 plaintiffs.


ASIC litigation: 
Acted in Supreme Court proceedings brought by  ASIC against the directors of the trustee of a superannuation fund and the former auditors of the fund following APRA freezing the fund.


Pipeline dispute: 
Successfully acted for a construction company in a large and complex property insurance dispute over flood damage to a gas pipeline against Lloyds' underwriters.


Mining Litigation: 
Acted in the defence of a claim for in excess of $50 million brought by a mining company against an engineering company.  It was alleged that a mine feasibility study conducted by the engineer was negligently performed and contained misleading or deceptive statements.


Local authority litigation: 
Acted for a local council in multiparty litigation which took place in the Queensland Supreme Court.  The matter involved a number of significant landslips on a residential development in Far North Queensland.

See Litigation and Dispute Resolution

Investigations and Crisis Management

Canberra bushfires: Advised client 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.

See Investigations and Crisis Management

Knowledge

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