Mark A J McKillop


Barrister | Accredited Mediator

Blog:
https://markmckillopbarrister.com/
Admitted:
1 May 1995
Bar:
20 Nov 2008
Location:
Room 1409, Castan Chambers,
460 Lonsdale Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Mark McKillop accepts briefs as Counsel and as Mediator in all commercial matters, particularly in insolvency, banking, corporations and property litigation.

Mark has 25 years’ experience in commercial law as Counsel and in his prior career as a solicitor in private practice and inhouse.  As a barrister, he takes a direct and clear approach in discussing matters with clients and in presenting cases in Court. 

Mark’s practice has been ranked in Doyle’s Guide Leading Insolvency & Restructuring Junior Counsel – Victoria, 2019.

Before coming to the bar, Mark was a Senior Associate at Minter Ellison in its commercial disputes group practising principally in insolvency, banking and commercial matters. Whilst at Minter Ellison, as a secondee, he managed the NSW and ACT legal group of the National Australia Bank in 2005, advising the Bank’s recoveries and workouts team. In 2007 he was seconded on a part time basis to a major retirement village provider, resolving its exposure to a series of insolvent managed investment schemes.

Mark is an accredited mediator under the National Mediation Accreditation Scheme (NMAS).

As a barrister Mark has appeared mainly in commercial matters in his area of practice including PPSA disputes, oppression matters, freezing orders in a range of contexts, priority disputes and caveat applications, s146 disputes, all aspects of voluntary administrations and liquidations, examinations, setting aside or termination of deeds of company arrangement, corporate winding up, setting aside of demands, bankruptcy matters including sequestration,   s120 and s121 recoveries, annulments, personal liability of insolvency practitioners, remuneration approval, preference and uncommercial transactions, cross border insolvency orders, mortgage enforcement and recovery, guarantee enforcement, managed investment schemes and financial aspects of Family Law matters.

Mark has an extensive advisory practice, including in relation to insolvency and reconstruction, banking and securities advice including an extensive PPSA practice, mortgage and security assessment, caveats, family law related security and mortgage matters.

Mark has been a member of ARITA and is a former President of the Insolvency Practitioners Association Melbourne CBD forum.

He has presented extensively and been published in his areas of practice, most recently regarding Recent Developments in the PPSA with the Leo Cussens Institute,  Caveats in Family Law with Nicholes Family Law,  PMSIs for the LIV and Leo Cussens and on Pleading in Commercial Cases for a number of law firms.   Recent publications include “A Questionable Practice – PPSA” ARITA Journal March 2016, 32 and   “Caveats – A Refresher” – Foleys List Commercial CPD March 2018 with Philip Barton

Mark accepts direct briefs from insolvency practitioners and others in appropriate cases.

Mark is also experienced in industrial matters.

For Mark's website commenting on matters of interest in his area of practice, click here.

Reported matters in which Mark has appeared since coming to the Bar include the following.  The party Mark acted for appears in bold below:

Scandi International Pty Ltd v Larkfield Industrial Estate Pty Ltd [2019] VSCA 109 (20 May 2019) Whelan and Beach JJA, Sifris AJA, Appeal, dismissed

Williamson v Michell (Trustee) [2019] FCA 481 (10 April 2019), Moshinsky J, annulment of bankruptcy application refused, appeal of proof of debt

Scandi International Pty Ltd & Anor v Larkfield Industrial Estate Pty Ltd (No 2) [2018] VCC 628 (9 May 2018) Anderson J, costs

Lendlease Communities (Australia) Ltd v Juric & Anor [2018] VSC 107 (8 March 2018) Forrest J, urgent removal of nuisance caveat affecting residential development

Scandi International Pty Ltd & Anor v Larkfield Industrial Estate Pty Ltd [2018] VCC 584 (4 May 2018) Anderson J, trial, dispute over security in goods for unpaid storage fees, uncollected goods, equitable lien, misleading conduct

Woods (Trustee), in the matter of Magnaye (Bankrupt) v Magnaye [2018] FCA 117 (5 February 2018)  O’Callaghan J, trial, vesting application, dispute over whether property purchased by bankrupt was held on trust, property vested in trustee, acting for trustee

Deputy Commissioner of Taxation v Advant Pty Ltd (Administrators Appointed) [2017] FCA 1123 (20 September 2017)  Markovic J, Sydney Registry, application for adjournment of winding up proceeding to enable acceptance of DOCA proposal at second creditors meeting, opposed by ATO, application granted, acting for administrators

Scandi International Pty Ltd and Anor v Larkfield Industrial Estate Pty Ltd [2017] VCC 1153 (22 August 2017) Marks J, contested leave to amend defence on counterclaim to plead conspiracy and other matters

Re Victoria Station Corporation Pty Ltd [2017] VSC 371 (23 June 2017) Gardiner AsJ, directions, extension of convening period, granted, acting for administrators

VINCI Energies SA v McConnell Dowell Holdings Pty Ltd [2017] FCA 561 (22 May 2017) O’Callaghan J, with David Collins QC, application for temporary stay of proceeding on grounds related arbitration proceedings, stay granted on conditions

Retire One Day Pty Ltd v Sullivan Property Pty Ltd [2017] VSC 243 (10 May 2017) Judd J, trial, liquidated damages clause void as a penalty

Kaizen Global Investments Limited, in the matter of Australia New Agribusiness & Chemical Group Limited (in liq) v Australia New Agribusiness & Chemical Group Limited (in liq) (28 April 2017)  Moshinksy J, PPSA application to extend time for registration of security interest, acting for applicant, application refused.

Re AGW Funds Management Limited [2017] VSC 124 (24 March 2017) Sifris J, application for judicial advice by solvent responsible entity, acting for responsible entity

Scandi International Pty Ltd (ACN 082 473 747) & Anor v Larkfield Industrial Estate Pty Ltd (ACN 006 067 965) [2017] VCC 215 (14 March 2017) Smith J, further application for security for costs, granted

Maitre D Marketing Pty Ltd v. Patties Food Ltd [2016] VCC 1782 (28 November 2016) Anderson J, security for costs application, granted, acting for defendant

Scandi International Pty Ltd (ACN 082 473 747) & Anor v Larkfield Industrial Estate Pty Ltd (ACN 006 067 965) [2016] VCC 1073 (28 July 2016) Cohen J, application for security for costs, granted

Yamaha Music Australia Pty Ltd v Blakeley [2016] VSC 391 (12 July 2016) appeal to Elliott J against decision of Gardiner AsJ (below), appeal dismissed

Ross Andrew Blakeley & Australian Music Pty Ltd v Yamaha Music Australia Pty Ltd [2016] VSC 231 (10 May 2016) Gardiner AsJ, unfair preference claim, pleading attack by defendant run as strike out application, consideration of nature of “security interest” under PPSA transitional provisions, application under section 18 of the Civil Procedure Act 2010 claiming lack of proper basis, abuse of process claim, application dismissed on condition, acting for the plaintiff.

Benton, in the matter of Mackay Rural Pty Ltd (Receivers and Managers Appointed) [2014] FCA 1285 Beach J, trial, application for declarations regarding validity of appointment of receivers and powers of sale in respect of charged land, order for possession and restraint on defendant debtors from interfering with sale, declarations and orders made, acting for receivers and managers.

ACN 092675164 (in liq) v National Builders Group Pty Ltd [2014] VSC 530 (24 October 2014)  Vickery J, self-executing order for discovery of documents, compliance of insubstantial affidavits with order, failure to comply, orders set aside and fresh self-executing orders made, acting for plaintiff/respondent

Sandhurst Golf Estates Pty Ltd v Coppersmith Pty Ltd [2014] VSC 217 (14 May 2014) Robson J, PPSA, permanent injunctions restraining registration of baseless security interests on the PPSR and order for removal of registration, as an abuse of process, acting for developer plaintiff

Re Essendon Apartment Developments Pty Ltd (in liquidation) (No 2) [2013] VSC 210  Robson J, application by liquidator to remove multiple caveats to permit sale of failed apartment development, where subject to constructive trust claims by off the plan purchasers.

Re Essendon Apartment Developments Pty Ltd (in liquidation) (No 1) [2013] VSC 209  Robson J, application by liquidator for directions pursuant to s479(3) to enter contract to sell land subject of failed apartment development, where two competing offers and unsuccessful offeror disputes bona fides of sale.

Martin & Martin [2012] FamCA 869 Coleman J acting for former solicitors to the wife to intervene, significant unpaid legal fees, security arrangements in place, disputing proposed consent final orders for settlement of property until fees paid, orders refused

Martin & Martin [2012] FamCA 1017 Coleman J, costs - where application by husband and wife for final orders refused, reservation of costs of the intervenors

Australian Solar Electrics Pty Ltd v IPD Group Ltd [2012] FCA 786 Gordon J, application to set aside statutory demand, dispute as to effective service of demand

Primary RE Ltd v Great Southern Property Holdings Ltd (recs and mgrs apptd) (in liq) [2011] VSC 242 with T Woodward SC and Dr P Vout Managed Investment Scheme, removal of caveats, effect of change of responsible entity, relief against forfeiture, validity of s146 notice under PLA

Thackray v Gunns Plantations Ltd (No 1) [2011] VSC 380, Davies J, with J G Santamaria QC and Dr O Bigos Managed Investment Schemes, Receivership, Indemnity and Equitable Lien, Salvage principles, determining Receiver's remuneration and costs

Thackray v Gunns Plantations Ltd (No 2) [2011] VSC 417, Davies J with J G Santamaria QC and Dr O Bigos (Assignability of right of indemnity and lien arising on salvage principles, form of order appropriate where objections to Receivers' remuneration and costs claim agreed)

RH Woodward & Co Pty Ltd v M & T Meat Supply (Aust) Pty Ltd [2011] VSC 322, Gardiner AsJ, Application to set aside deed of company arrangement, costs

SNSH Pty Ltd & Anor v SNSH (t/a CJ Reid & Sons) [2010] VSC 660, Gardiner AsJ,   Application to adjourn winding up application under s440A

Shellie v Davidson & Anor [2010] VSC 575, Osborn J, removal of caveat, serious question to be tried, balance of probabilities

Re the Health Services Union (2009) 187 IR 51 (FCA) Tracey J, Application for orders to re organise HSU Branch - branch dysfunctional

Asmar, in the matter of an Election for offices of the Health Services Union [2009] FCA 1294, Tracey J, opposing application for orders to stop union election

 

Mark is admitted to practice in the High Court, Federal Court, Victoria and New South Wales.

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.
AREAS OF PRACTICE
Commercial Law
Equity & Trusts
Industrial Relations Law & Employment Law
Tax Law & Revenue Law

Profile1

Mark McKillop accepts briefs as Counsel and as Mediator in all commercial matters, particularly in insolvency, banking, corporations and property litigation.

Mark has 25 years’ experience in commercial law as Counsel and in his prior career as a solicitor in private practice and inhouse.  As a barrister, he takes a direct and clear approach in discussing matters with clients and in presenting cases in Court. 

Mark’s practice has been ranked in Doyle’s Guide Leading Insolvency & Restructuring Junior Counsel – Victoria, 2019.

Before coming to the bar, Mark was a Senior Associate at Minter Ellison in its commercial disputes group practising principally in insolvency, banking and commercial matters. Whilst at Minter Ellison, as a secondee, he managed the NSW and ACT legal group of the National Australia Bank in 2005, advising the Bank’s recoveries and workouts team. In 2007 he was seconded on a part time basis to a major retirement village provider, resolving its exposure to a series of insolvent managed investment schemes.

Mark is an accredited mediator under the National Mediation Accreditation Scheme (NMAS).

As a barrister Mark has appeared mainly in commercial matters in his area of practice including PPSA disputes, oppression matters, freezing orders in a range of contexts, priority disputes and caveat applications, s146 disputes, all aspects of voluntary administrations and liquidations, examinations, setting aside or termination of deeds of company arrangement, corporate winding up, setting aside of demands, bankruptcy matters including sequestration,   s120 and s121 recoveries, annulments, personal liability of insolvency practitioners, remuneration approval, preference and uncommercial transactions, cross border insolvency orders, mortgage enforcement and recovery, guarantee enforcement, managed investment schemes and financial aspects of Family Law matters.

Mark has an extensive advisory practice, including in relation to insolvency and reconstruction, banking and securities advice including an extensive PPSA practice, mortgage and security assessment, caveats, family law related security and mortgage matters.

Mark has been a member of ARITA and is a former President of the Insolvency Practitioners Association Melbourne CBD forum.

He has presented extensively and been published in his areas of practice, most recently regarding Recent Developments in the PPSA with the Leo Cussens Institute,  Caveats in Family Law with Nicholes Family Law,  PMSIs for the LIV and Leo Cussens and on Pleading in Commercial Cases for a number of law firms.   Recent publications include “A Questionable Practice – PPSA” ARITA Journal March 2016, 32 and   “Caveats – A Refresher” – Foleys List Commercial CPD March 2018 with Philip Barton

Mark accepts direct briefs from insolvency practitioners and others in appropriate cases.

Mark is also experienced in industrial matters.

For Mark's website commenting on matters of interest in his area of practice, click here.

Reported matters in which Mark has appeared since coming to the Bar include the following.  The party Mark acted for appears in bold below:

Scandi International Pty Ltd v Larkfield Industrial Estate Pty Ltd [2019] VSCA 109 (20 May 2019) Whelan and Beach JJA, Sifris AJA, Appeal, dismissed

Williamson v Michell (Trustee) [2019] FCA 481 (10 April 2019), Moshinsky J, annulment of bankruptcy application refused, appeal of proof of debt

Scandi International Pty Ltd & Anor v Larkfield Industrial Estate Pty Ltd (No 2) [2018] VCC 628 (9 May 2018) Anderson J, costs

Lendlease Communities (Australia) Ltd v Juric & Anor [2018] VSC 107 (8 March 2018) Forrest J, urgent removal of nuisance caveat affecting residential development

Scandi International Pty Ltd & Anor v Larkfield Industrial Estate Pty Ltd [2018] VCC 584 (4 May 2018) Anderson J, trial, dispute over security in goods for unpaid storage fees, uncollected goods, equitable lien, misleading conduct

Woods (Trustee), in the matter of Magnaye (Bankrupt) v Magnaye [2018] FCA 117 (5 February 2018)  O’Callaghan J, trial, vesting application, dispute over whether property purchased by bankrupt was held on trust, property vested in trustee, acting for trustee

Deputy Commissioner of Taxation v Advant Pty Ltd (Administrators Appointed) [2017] FCA 1123 (20 September 2017)  Markovic J, Sydney Registry, application for adjournment of winding up proceeding to enable acceptance of DOCA proposal at second creditors meeting, opposed by ATO, application granted, acting for administrators

Scandi International Pty Ltd and Anor v Larkfield Industrial Estate Pty Ltd [2017] VCC 1153 (22 August 2017) Marks J, contested leave to amend defence on counterclaim to plead conspiracy and other matters

Re Victoria Station Corporation Pty Ltd [2017] VSC 371 (23 June 2017) Gardiner AsJ, directions, extension of convening period, granted, acting for administrators

VINCI Energies SA v McConnell Dowell Holdings Pty Ltd [2017] FCA 561 (22 May 2017) O’Callaghan J, with David Collins QC, application for temporary stay of proceeding on grounds related arbitration proceedings, stay granted on conditions

Retire One Day Pty Ltd v Sullivan Property Pty Ltd [2017] VSC 243 (10 May 2017) Judd J, trial, liquidated damages clause void as a penalty

Kaizen Global Investments Limited, in the matter of Australia New Agribusiness & Chemical Group Limited (in liq) v Australia New Agribusiness & Chemical Group Limited (in liq) (28 April 2017)  Moshinksy J, PPSA application to extend time for registration of security interest, acting for applicant, application refused.

Re AGW Funds Management Limited [2017] VSC 124 (24 March 2017) Sifris J, application for judicial advice by solvent responsible entity, acting for responsible entity

Scandi International Pty Ltd (ACN 082 473 747) & Anor v Larkfield Industrial Estate Pty Ltd (ACN 006 067 965) [2017] VCC 215 (14 March 2017) Smith J, further application for security for costs, granted

Maitre D Marketing Pty Ltd v. Patties Food Ltd [2016] VCC 1782 (28 November 2016) Anderson J, security for costs application, granted, acting for defendant

Scandi International Pty Ltd (ACN 082 473 747) & Anor v Larkfield Industrial Estate Pty Ltd (ACN 006 067 965) [2016] VCC 1073 (28 July 2016) Cohen J, application for security for costs, granted

Yamaha Music Australia Pty Ltd v Blakeley [2016] VSC 391 (12 July 2016) appeal to Elliott J against decision of Gardiner AsJ (below), appeal dismissed

Ross Andrew Blakeley & Australian Music Pty Ltd v Yamaha Music Australia Pty Ltd [2016] VSC 231 (10 May 2016) Gardiner AsJ, unfair preference claim, pleading attack by defendant run as strike out application, consideration of nature of “security interest” under PPSA transitional provisions, application under section 18 of the Civil Procedure Act 2010 claiming lack of proper basis, abuse of process claim, application dismissed on condition, acting for the plaintiff.

Benton, in the matter of Mackay Rural Pty Ltd (Receivers and Managers Appointed) [2014] FCA 1285 Beach J, trial, application for declarations regarding validity of appointment of receivers and powers of sale in respect of charged land, order for possession and restraint on defendant debtors from interfering with sale, declarations and orders made, acting for receivers and managers.

ACN 092675164 (in liq) v National Builders Group Pty Ltd [2014] VSC 530 (24 October 2014)  Vickery J, self-executing order for discovery of documents, compliance of insubstantial affidavits with order, failure to comply, orders set aside and fresh self-executing orders made, acting for plaintiff/respondent

Sandhurst Golf Estates Pty Ltd v Coppersmith Pty Ltd [2014] VSC 217 (14 May 2014) Robson J, PPSA, permanent injunctions restraining registration of baseless security interests on the PPSR and order for removal of registration, as an abuse of process, acting for developer plaintiff

Re Essendon Apartment Developments Pty Ltd (in liquidation) (No 2) [2013] VSC 210  Robson J, application by liquidator to remove multiple caveats to permit sale of failed apartment development, where subject to constructive trust claims by off the plan purchasers.

Re Essendon Apartment Developments Pty Ltd (in liquidation) (No 1) [2013] VSC 209  Robson J, application by liquidator for directions pursuant to s479(3) to enter contract to sell land subject of failed apartment development, where two competing offers and unsuccessful offeror disputes bona fides of sale.

Martin & Martin [2012] FamCA 869 Coleman J acting for former solicitors to the wife to intervene, significant unpaid legal fees, security arrangements in place, disputing proposed consent final orders for settlement of property until fees paid, orders refused

Martin & Martin [2012] FamCA 1017 Coleman J, costs - where application by husband and wife for final orders refused, reservation of costs of the intervenors

Australian Solar Electrics Pty Ltd v IPD Group Ltd [2012] FCA 786 Gordon J, application to set aside statutory demand, dispute as to effective service of demand

Primary RE Ltd v Great Southern Property Holdings Ltd (recs and mgrs apptd) (in liq) [2011] VSC 242 with T Woodward SC and Dr P Vout Managed Investment Scheme, removal of caveats, effect of change of responsible entity, relief against forfeiture, validity of s146 notice under PLA

Thackray v Gunns Plantations Ltd (No 1) [2011] VSC 380, Davies J, with J G Santamaria QC and Dr O Bigos Managed Investment Schemes, Receivership, Indemnity and Equitable Lien, Salvage principles, determining Receiver's remuneration and costs

Thackray v Gunns Plantations Ltd (No 2) [2011] VSC 417, Davies J with J G Santamaria QC and Dr O Bigos (Assignability of right of indemnity and lien arising on salvage principles, form of order appropriate where objections to Receivers' remuneration and costs claim agreed)

RH Woodward & Co Pty Ltd v M & T Meat Supply (Aust) Pty Ltd [2011] VSC 322, Gardiner AsJ, Application to set aside deed of company arrangement, costs

SNSH Pty Ltd & Anor v SNSH (t/a CJ Reid & Sons) [2010] VSC 660, Gardiner AsJ,   Application to adjourn winding up application under s440A

Shellie v Davidson & Anor [2010] VSC 575, Osborn J, removal of caveat, serious question to be tried, balance of probabilities

Re the Health Services Union (2009) 187 IR 51 (FCA) Tracey J, Application for orders to re organise HSU Branch - branch dysfunctional

Asmar, in the matter of an Election for offices of the Health Services Union [2009] FCA 1294, Tracey J, opposing application for orders to stop union election

 

Mark is admitted to practice in the High Court, Federal Court, Victoria and New South Wales.