Mark Spain

Clayton Utz
Partner Darwin

Mark Spain practises in commercial litigation and dispute resolution, advising corporate, government and institutional clients, including company administrators and liquidators. Mark has extensive experience in preparing and managing large and complex disputes and regularly advises on litigation risk management, negotiation and alternative resolution of disputes, and litigation document management.

Mark is one of Darwin's pre-eminent lawyers and brings a unique and in-depth understanding of commercial and legal issues relevant to conducting business in the Northern Territory.

Notable Work
  • Commercial litigation and dispute resolution: Mark regularly acts for clients in general commercial disputes in the Supreme Court of the Northern Territory and the Federal Court of Australia. Most recently, Mark has acted in restraint of trade cases in the Supreme Court and patent proceedings in the Federal and High Courts. He utilises alternative dispute resolution mechanisms and regularly achieves favourable settlement outcomes for his clients.
  • Construction: Mark is acting for the Northern Territory in a major construction dispute involving the redevelopment of the Alice Springs Hospital. He is also acting for a number of local builders and developers in construction claims arising from local projects (Darwin Waterfront Development, Old Admiralty House, Cascade Apartments). Mark has also acted in many previous matters for clients and their insurers in proceedings involving architectural, contract supervision, engineering and design disputes.
  • Property and landlord & tenant: Mark regularly acts for clients in general property and lease disputes. These matters include possession applications, injunctions and claims for specific performance.
  • Workplace relations, employment and safety: Mark and his team act in all aspects of workplace, employment and safety disputes (other than Work Health compensation claims). Recent matters include defended claims in the AIRC and common law jurisdictions, hearings before the Anti-Discrimination Commission and workplace prosecutions involving the death of a worker at the Darwin Waterfront Development site.
  • Taxation litigation: Mark has acted in a range of tax disputes involving appeals against the assessment of income tax and indirect taxes (stamp duty and payroll tax).
  • Inquests and prosecutions: Mark has acted in many recent Coronial Inquests including for Defence, DIAC and other national and local clients. He has also acted in prosecutions arising from these matters as well as land clearing, environmental and licensing prosecutions.
  • Maritime law: Mark has acted in various matters involving the arrest of ships under the Admiralty Rules in the Supreme Court of the Northern Territory and the Federal Court. He has also advised on survey issues and maritime safety issues. Mark also acts in matters involving the forfeiture of vessels detected in the Australian Fisheries Zone and proceedings for relief against forfeiture of boats and bonds.
  • Licensing: Mark regularly acts for clients in liquor licensing matters including licence applications and complaint hearings before the Licensing Commission.
  • Construction Contracts (Security for Payments) Act: Mark has acted in a range of adjudications for principals and contractors under this legislation. He has also acted in appeals to the Local Court from decisions of Adjudicators and a novel application to the Supreme Court to prevent the adjudication of a major payment dispute.
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