Mark McKillop

Mark practices in commercial matters, particularly in insolvency, banking, corporations and property litigation.  Mark is a recognised expert in PPSA law, having acted in leading decisions in the area and widely lectured and written on the subject.  As a barrister, he takes a direct and clear approach in discussing matters with clients and in presenting cases in Court. 

Mark has 30 years’ experience in commercial law as Counsel and as a solicitor in private practice and inhouse. 

Mark is a nationally accredited mediator with experience as mediator across a range of commercial, insolvency and family law matters.

Mark has appeared in trials and appeals in the Supreme Court and Federal Courts in Victoria, New South Wales and Queensland in the following areas:

PPSA and Security matters

• PPSA matters:
  • Extensions of time to register
  • Priority disputes
  • Advice regarding existence and priority of security interests
  • Drafting advice
  • Advice to liquidators and VAs regarding vesting disputes
• Priority disputes in relation to land
• Caveat advice, applications to remove
• Mortgage enforcement and recovery
• Personal Guarantees
• Investigation and litigation of managed investment schemes

Insolvency matters

• Practitioner Directions, extensions of time
• DOCA and restructuring advice
• Cross Border Recognition
• Public Examinations
• Pooling and Shelf order
• Setting aside or termination of deeds of company arrangement
• Preferences, uncommercial transactions and insolvent trading
• Receivership appointments, advice, court appointments
• Remuneration approval
• Corporate winding up, setting aside of statutory demands
• Bankruptcy matters including sequestration,  s120 and s121 recoveries, annulments

General Commercial Disputes

• Fiduciary duty and breach of trust
• Crypto investigation and recovery
• Major fraud investigation and recovery
• Agribusiness disputes
• Oppression, partnership and shareholder disputes
• Contract disputes and drafting advice
• Freezing and search orders in a range of contexts
• Executive Employee restraint and recovery

Family Law

• Financial aspects of Family Law matters
• Security advice regarding asset pool
• Bankruptcy claims by spouse’s trustee

Mark has an extensive advisory practice with respect to PPSA law and general securities law.

Mark’s practice has been consistently ranked Doyles Guide, including in Doyle’s Guide Leading Insolvency & Restructuring Junior Counsel – Victoria, 2024.

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.

He has been published and has presented extensively and been published in his areas of practice.  Some recent examples include:

• Co-authored Commbar’s comments on the Commonwealth’s PPSA review (Whittaker report)
• Lexis Nexis, “Freezing and Search Order Orders”, Federal Civil Litigation Precedents (2024)
• “A Questionable Practice – PPSA” ARITA Journal March 2016, 32 
• “Caveats – A Refresher” – Foley's List Commercial CPD March 2018 with Philip Barton
• Seminars on Cross Border Insolvency Recognition,  PPSA Basic principles, Pooling – Two hurdles to the Foley's List Commercial CPD programme
• Recent Developments in the PPSA (2024) with the Leo Cussens Institute (annual series (2019 – 2024)
• Caveats in Family Law
• PMSIs for the LIV
• Pleading in Commercial Cases

For Mark's blog, “Fully Secured”, commenting on matters of interest in his area of practice, click here.

Mark is a member of the following Victorian Bar Committees:

• Audit and Risk Committee (2024)
• Alternative Dispute Resolution Committee (2024)

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

Bester, in the matter of Mirror Trading (Pty) Ltd (in liquidation) [2024] FCA 305 McEvoy J, application for shelf order, claims for recoveries from “winners” in Ponzi scheme, shelf order granted

Casualife Australia Pty Ltd v ANI Commercial Storage Pty Ltd (Civil Claims) [2023] VCAT 1253  Wilson DP, application for delivery up of stored furniture, unpaid storage fees, no security offered, delivery up subject to security over other stored goods, referral of proceeding to County Court to be heard with related proceedings

Bester v Mirror Trading International (Pty) Ltd (in liq) [2023] FCA 1194 Button J, application for recognition of South African liquidation proceedings in Australia, worldwide crypto online Ponzi scheme, recognition granted

Guss v Larkfield Industrial Estates Pty Ltd [2023] FCA 1105 appeal of decision of Forbes J, appeal dismissed, application for extension of time to comply with bankruptcy notice, application dismissed.

Guss v Larkfield Industrial Estates Pty Ltd [2023] FedCFamC2G 235 Forbes J, application for review of decision to refuse to set aside bankruptcy notice, decision affirmed on review.

RMIT v Galloway [2023] VSC 155 Garde J, nuisance caveats on property of 7 staff or board members, caveats removed with indemnity costs

Re Clarinda Pty Ltd (in liq) [2023] VSC 109 Connock J, application to release Harman undertaking in relation to expert evidence on solvency from prior preference action to use in insolvent trading claim

IMO Atlas Gaming Holdings Pty Ltd [2023] VSC 91; 70 VR 540 Osborne J, application for pooling orders, related parties, issue with material disadvantage to asset rich companies, whether orders just and equitable, orders made

Yimiao Australia v Cyber Intelligence [2023] VSCA 21 appeal, McLeish, Walker and Macaulay JJA, decision to refuse injunction on discretionary grounds overturned.

Yimiao Australia Pty Ltd v Star Mining Pty Ltd & Ors (No 2) [2023] VSC 1 Attiwill J, costs

Yimiao Australia Pty Ltd v Star Mining Pty Ltd & Ors [2022] VSC 701 Attiwill J, Interlocutory injunction, opposing, acting for 4th defendant, application for interlocutory injunction for delivery up of cryptocurrency mining equipment, injunction refused

Stratpharma Pty Ltd v Hbba Pty Ltd [2022] VCC 888 Brimer J, trial, no appearance by defendant, defendant refused to deliver up stock at end of distributorship, damages for loss of sales and perished stock

Foris GFS Australia Pty Ltd v Manivel [2022] VSC 482; 67 VR 561 Elliott J, recovery of funds paid away mistakenly by crypto currency service, default judgment against recipient of traceable funds, whether service of documents by substituted service in electronic link complied with sub service order, judgment entered

Blakeley v Ausmart Services Pty Ltd (in liq), in the matter of Ausmart Services Pty Ltd (in liq) [2021] FCA 1470 Anderson J, pooling of corporate group unrelated by shareholdings, shelf order to extend time (s588FF(3))

Royal Melbourne Institute of Technology v Galloway [2020] VSC 575 Derham AsJ, nuisance caveat registration against CBD site owned by plaintiff, removed

Jayfield Pty Ltd v Cussen [2020] VSC 380 Garde J, trial, claim by liquidator to property allegedly abandoned at tenancy, vesting under s267 of PPSA, uncollected goods (ACLFTA)

Tasman Logistics v Seaco Global Aust [2020] VSC 100; 60 VR 252 Garde J, trial, uncollected goods, order under ACLFTA for sale of 700+ abandoned shipping containers containing recycling materials, arising from collapse of rubbish export business, opposed by container owner, order made

To view an extended list including matters prior to 2020, click here.