Mark Livesey QC

 
Admitted 1986 Supreme Court of South Australia
High Court of Australia
Victoria
Western Australia
Northern Territory
New South Wales
Queensland
 
Signed Bar Roll 2000
 
Appointed QC 2006
 
Academic Qualifications LLB, University of Adelaide 1986
LLM, University of Adelaide 1989

Areas of Practice

Civil Litigation
Common Law - General
Professional Liability Law
Trusts
Commercial Litigation
Commercial Law - General
Corporations and Securities Law
Equity
Insolvency, Bankruptcy and Liquidation Law
Insurance Law
Medical Negligence Law
Occupational Health and Safety Law
Product Liability Law
Taxation and Revenue Law
Trade Practices and Competition Law
Wills, Probate and Family Inheritance
Wills, Probate and Family Inheritance matters

Professional Experience

1986 Supreme Court Associate
1987Commenced practice at Ward & Partners, Barristers & Solicitors. Partner Commercial and Insurance litigation (1989-2000)
1997-2000Panel member Law Claims
2000Commenced practice as a barrister at Edmund Barton Chambers
2003 Joined Bar Chambers

 

Principal Litigation

  • Australian Securities and Investments Commission (ASIC) v West (2008) 66 ACSR 143; [2008] SASC 111; winding up; disqualification orders and injunctions
  • Motor Trades Association of Australia Superannuation Fund Pty Ltd v Australian Prudential Regulation Authority [2008] FCA 828; judicial review
  • Re Magarey Farlam Lawyers Trust Accounts (2007) 99 SASR 40 (Full Court); payment of claimant's costs out of guarantee fund under Legal Practitioners Act 1991 on supervisor's directions application
  • McVicar v S & J White Pty Ltd t/as Arab Steed Hotel (2007) 97 SASR 160 (Full Court); occupiers liability, non delegable duty of care
  • Andrew Garrett Wines Resorts Pty Ltd v National Australia Bank Ltd (2007) 248 LSJS 349; [2007] SASC 173; vexatious litigant declaration
  • Re Magarey Farlam Lawyers Trust Accounts (No 3) (2007) 96 SASR 337; (2007) 246 LSJS 417; payment out of trust following defalcations, whether trust funds should be pooled
  • Garrett v Westpac Banking Corporation [2007] FCA 439; bills of exchange
  • Re Riverland Fruit Co-operative (in liq) (2006) 203 FLR 310; (2006) 59 ACSR 518; [2006] SASC 3 (Full Court); exercise of examination powers by liquidator of co-operative
  • Duncan (as trustee for the bankrupt Estate of Garrett) v National Australia Bank Ltd (2006) 95 SASR 208; (2006) 235 ALR 385; (2006) 245 LSJS 205 (Full Court); injunctions, basis upon which order made for payment out of monies paid into Court
  • Harris Scarfe Limited (Receivers and Managers Appointed) (In Liquidation) & Ors v Ernst & Young and Ors [2005] SASC 113; (No 2) [2005] SASC 168; [2005] SASC 255 (Full Court): audit duties; professional negligence; causation; damages; pleadings, discovery and evidence issues, for the auditor.
  • Andrew Garrett Wine Resorts Pty Ltd v National Australia Bank Ltd (No 6) (2005) 92 SASR 419; whether Court has jurisdiction to order registration of discharge of mortgage
  • Sunburst Properties Pty Ltd (in liq) v Agwater Pty Ltd [2005] SASC 335; [2005] 393; (Supreme Court of SA); directors, apparent authority, fictitious, back-dated transactions.
  • Andrew Garrett Wine Resorts Pty Ltd v National Australia Bank Ltd [2004] SASC 229; (2004) 236 LSJS 342; [2005] SASC 105; [2005] SASC 171; [2005] SASC 172; [2005] SASC 292; [2006] SASC 38 (Full Court and Supreme Court of SA); injunctions, real property, securities and related issues
  • Kapunda Road Royal Commission, representing a legal practitioner
  • Dawes and Marsh v The Attorney-General for England & Wales (the Man in Black case)(Supreme Court of SA); charities, private international law, testator family maintenance, for the Attorney-General
  • Ewins v BHP Billiton Ltd (2005) 91 SASR 303 (Supreme Court of SA); assessment of damages in connection with mesothelioma following exposure to asbestos; consideration of interstate damages awards
  • Battye v Shammall (2005) 91 SASR 315 (Full Court, Supreme Court of SA); new points on appeal, breach of fiduciary duty as between intending partners
  • Emanuel Management Pty Ltd (in liq) and others v Foster's Brewing Ltd and Cooper's & Lybrand and others [2000] QSC 430; (1999) 73 SASR 303; [2003] QSC 205; (2003) 178 FLR 1 (Supreme Courts SA and Qld). Junior Counsel - public examinations, cross-vesting; conspiracy, breach of directors and fiduciary duties, dividends etc other than out of profits, audit duties, liquidator's claims and avoidance under Bankruptcy and Corporations Acts, insolvent trading and de facto directorship, for the liquidator
  • SECL (in liq) v Arthur Andersen (the Bond Audit case) [2001] SASC 58; [2001] SASC 335; [2002] SASC 20; (2002) 82 SASR 53; [2002] SASC 118; (2002) 82 SASR 63 (Supreme Court). Junior Counsel; audit duties; professional negligence; bias allegations, discovery and evidence issues, for the liquidator
  • SECL (in liq) v Bond and others (the Bond Paintings case) [2000] SASC 358; (2000) 78 SASR 554; (Supreme Court, Full Court SA); Junior Counsel; interlocutory hearings including of bias allegations; conspiracy, conversion, breach of directors' duties, for the liquidator
  • Calvaresi v Beare (2000) 76 SASR 300 (Supreme Court SA); torts,liability of council, for an insurer
  • Fenbury Ltd (in liq) and others v Hong Kong & Shanghai Banking Corp and others and Bedell & Cristin (the Bond Boat case) [1998] SASC 6659 (Supreme Court SA, Royal Court, Jersey); Junior Counsel in SA; breach of directors and fiduciary duties, professional negligence, for a Lloyds syndicate
  • Shipard v MAC (1997) 70 SASR 240 (Full Court, Supreme Court SA); Junior Counsel; nervous shock, self inflicted harm, for an insurer
  • Pham v Lawson (1007) 68 SASR 124 (High Court, Full Cou rt, Supreme Court SA); Junior Counsel; nervous shock, for an insurer
  • Townley v Vadipile (1996) 66 SASR 356 (Full Court, Supreme Court SA); Junior Counsel; double insurance, equitable contribution between statutory insurers, for an insurer
  • Rahim v Crawther (1996) 17 WAR 559 (High Court, Full Court, Supreme Court WA): Junior Counsel; intra-national choice of law, torts, for an insurer
  • Nalpantidis v Stark (1966) 65 SASR 454 (High Court, Full Court, Supreme Court SA): Counsel; intra-national choice of law, torts, for an insurer
  • SGIC v Switzerland Insurance (1995) 64 SASR 537 (Full Court, Supreme Court SA): Junior Counsel; double insurance, equitable contribution, for an insurer
  • Rigney v Rigney (1987) 48 SASR 291 (Full Court, , Supreme Court SA): Court's powers, practice and procedure, for an insurer

Other

Member, Executive of the South Australian Bar Association
Member, South Australian Bar Association
Member, Law Society of South Australia
Former Member, Council of the Law Society of South Australia
Former Chair, Civil Litigation Committee of the Law Society of South Australia
Member, Judges' Rules Advisory Committee
Member, Law Council of Australia
Member, Insurance Law Association
Member, Insolvency Practitioners Association
Regular contributions to Law Society continuing education including on insurance law and practice, the assessment of damages for personal injuries, the assessment of damages in commercial cases, advocacy and pleadings and commercial law issues
Contributor to Bar Readers course
Regular lecturer to the Legal Practice Course on Pleadings and Civil Litigation
Instructor, Law Society Advocacy training
Lectures to University of Adelaide and Flinders University students on Advocacy and Civil Practice.