Mark Andrew Robertson
Bachelor of Laws /Bachelor of Commerce
Master of Law and Business

EDUCATION AND QUALIFICATIONS

Admission

2004 Barrister & Solicitor of the High Court of New Zealand

2012 Solicitor of England and Wales

2013 Solicitor of the Supreme Court of New South Wales

2014 Admitted to practise in the High Court of Australia

2018 Barrister (New Zealand and New South Wales)

Education

2008 - 2009 Master of Law and Business (class rank - 1st - ’outstanding’)
Bucerius Law School / WHU Otto-Beisheim School of Management, Hamburg, Germany[1]

1999 - 2003 Bachelor of Laws, Victoria University of Wellington, New Zealand

1999 - 2001 Bachelor of Commerce (e-commerce), Victoria University of Wellington, New Zealand

1998 ‘A’ Bursary, Kapiti College, New Zealand

PROFESSIONAL EXPERIENCE

AUSTRALIA

September 2013 COLIN BIGGERS & PAISLEY LAWYERS, SYDNEY, Senior Associate (current)

  • Instructed by professional indemnity insurers to represent liquidators, administrators, receivers, accountants, engineers, real estate agents and other professionals in trials in the Supreme Courts of NSW, Victoria and Western Australia. Cases often involve negligence, Trade Practices, contract, insurance and insolvency law issues in a variety of sectors. For example:
  • Perpetual Nominees Ltd v McGoldrick (No 3) [2017] VSC 78 - duty of care owed by liquidators to guarantors​ (www.cbp.com.au/insights/2017/march/liquidators-duty-of-care-to-guarantors)
  • Amashaw Pty Limited v Marketform Managing Agency Ltd [2017] NSWSC 612 - insurance - A claim for the cost of making good the damage caused by the significant leak of petrol from an underground tank and line, and the associated explosion of a Sydney Water sewer main. 
  • Lanco Resources Australia Pty Ltd v Griffin Energy Group Pty Ltd (Subject to a Deed of Co Arrangement) & Ors - ongoing claim brought against GEG, the administrators and KordaMentha for alleged misleading and deceptive conduct in the sale of a coal mine in Western Australia.
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January 2013 to July 2013 WOTTON + KEARNEY, SYDNEY, Senior Associate

  • Generally represented insurers and insureds in professionl indemnity and D&O claims.

LONDON

September 2012 QUINN EMANUEL URQUHART & SULLIVAN LLP, LONDON

  • Locum solicitor on a claim brought by an American Hedge Fund following the insolvency and collapse and of an Icelandic bank.

March 2011 EVERSHEDS LLP, LONDON, Associate – Commercial Disputes Resolution, Litigation and Arbitration

  • Drafted detailed submissions in an international investment dispute (ICSID) against a European State relating to an industrial fertiliser manufacturing plant, claimed value of EUR 43m.
  • Drafted pleadings in an arbitration claiming fraud and breach of contract against a Russian oligarch who, in breach of contract and fiduciary duty orchestrated the transfer of the shares of a property development company worth $250m.
  • Assisted senior partner and counsel with preparation for a trial in the Royal Court of Guernsey relating to an offshore trust that involved breaches of fiduciary duty valued at £300m. Seconded to Guernsey during the three week trial period.
  • Advised a large US company regarding sanctions imposed by the UN, EU, US and UK on Libya in early 2011 and bribery and corruption issuing arising under the new UK Bribery Act that impacted on a takeover of a UK chemical distributor operating in Middle East/North Africa region by a US/UK corporation.
  • Provided detailed advice to a large Brazilian reinsurance firm on its ability to bring a claim against a US insurance broker in England following significant loss caused by the insurance broker’s breach of fiduciary duty.

February 2010 Dr JULIAN D M LEW QC, 20 ESSEX STREET, LONDON, Assistant to international commercial arbitral tribunals
  • Dr Julian DM Lew QC is a world leading arbitrator, professor of law at Queen Mary University London and has been involved with international arbitration for more than 30 years as counsel and as an arbitrator. Before 2005, he was a partner and for some years the head of the international arbitration practice group of Herbert Smith.
  • Assistant to Dr Lew and various tribunals comprised of leading international arbitrators on > 20 international commercial arbitrations (£ 10m - > £900m in dispute) under the ICC, LCIA, UNCITRAL, SIAC, and other major institutional arbitration rules.
  • Analysed pleadings filed by leading multinational law firms, researched legal issues, attended hearings, assisted with preparation of awards, drafted Terms of Reference, procedural orders and correspondence with parties and co-arbitrators.

SIR GAVIN (formerly Mr Justice) LIGHTMAN, SERLE COURT, LONDON

Secretary to the Arbitral Tribunal
  • Appointed by the parties as Secretary to the Tribunal on a complex international commercial arbitration conducted under the LCIA Rules (>US$20m) involving Russian and South African parties.
  • Liaised with the parties on all issues that required input from the tribunal, drafted various procedural and interim orders and directions, reviewed and analysed parties’ pleadings and submissions, assisted Sir Gavin with various research tasks and co-ordinated hearing logistics.

February 2009: WILMER HALE CUTLER PICKERING AND DORR LLP, LONDON, Internship (as part of Master’s study) – International Arbitration Group (Headed by Gary B. Born)

  • Assisted with various major arbitrations including a review of submissions and witness evidence for a large European telecommunication company with an amount in dispute of several billion Euros. Undertook numerous research tasks on a number of other arbitrations prior to filing of memorials.


NEW ZEALAND

October 2004 THOMAS DEWAR SZIRANYI LETTS, LAWYERS, Barrister & Solicitor of the High Court of New Zealand

  • Represented many clients on a wide variety of contentious matters in the Wellington region.
  • Advocated in the District Courts held at Upper Hutt, Lower Hutt, Porirua and Wellington, the High Court Wellington, and once in the Court of Appeal of New Zealand on civil, commercial and criminal matters.
  • Drafted pleadings, interlocutory applications, submissions, court orders and other necessary documentation for court proceedings, including civil and commercial claims, corporate and personal insolvency, debt collection, construction contracts, Personal Property Securities Act issues, employment disputes and commercial property claims.
  • Represented clients both with and without senior counsel in negotiations, mediations and judicial settlement conferences.

EXAMPLES OF NEW ZEALAND CASES

Company litigation / Insolvency / Debt Collection

  • Appeared and advocated on applications for summary judgment, applications for liquidation and other debt collection matters. e.g. Compton Earthmoving Contractors (2004) Ltd v Cromdale Developments Ltd, High Court Wellington CIV-2006-485-1592, 11 June 2007, Associate Judge Gendall.

Commercial Property Litigation

  • B S Developments No 12 Ltd v P B & S F Properties Ltd (2006) 7 NZCPR 603 (Court of Appeal) and B S Developments No 12 Ltd v P B & S F Properties Ltd (2005) 6 NZCPR 741 (High Court), Mackenzie J - Worked closely with Gerard Dewar and Bruce Corkill QC. Gathered and analysed evidence, briefed witnesses. Researched and drafted submissions in the High Court and Court of Appeal of New Zealand. Submissions focused on contractual and agency issues.
  • C & K Apparel Ltd v Melling Retail Ltd, CIV-2006-032-660 – Wellington District Court, 9 July 2008, District Court Judge T J Broadmore - Acted for defendant as junior counsel in successful trial regarding the right of the tenant client to repudiate a lease agreement under the Contractual Remedies Act 1979.

Contract / Commercial litigation / Civil litigation/ Tort litigation

  • Mollison v Hi-Tech Tyres and Alloys & Geoff Dixon International, Wellington District Court - Drafted all pleadings and other court documentation and submissions, briefed witnesses, attended a Judicial Settlement Conference and negotiated a favourable settlement with the insurer in a claim for a loss of a rally car.
  • Clarke v Police [2007] NZSC 83 (Supreme Court of New Zealand); Clarke v Police [2007] NZCA 294 (Court of Appeal); Clarke v Police HC Wellington CIV-2005-485-245, Re Clarke ex parte Watts HC Wellington, CIV-2006-485-2461, Associate Judge Gendall - Advocated as leading counsel on behalf of Police Detective in ongoing litigation brought against him by a vexatious litigant in the District Court, High Court, Court of Appeal and Supreme Court of New Zealand.
  • Chatha v Attorney-General, CIV-2006-454-868, High Court, Palmerston North, 2 May 2008, Associate Judge Gendall – Advocated as leading counsel for fifth defendant on application to strike out the claimant’s numerous and untenable causes of action.

Criminal Defence
  • Advocated on behalf of hundreds of criminal defendants before the District Courts held at Wellington, Lower Hutt, Upper Hutt and Porirua, New Zealand. For example New Zealand Police v Taiapa CRI-2006-032-002-679, 2 May 2007, Judge S. M. Harrop.

PUBLICATIONS
  • ​Pure economic loss claims: Brookfield Multiplex Ltd v Owners Corporation Strata
    Plan 61288 and its lessons for owners, builders, developers, vendors, purchasers,
    professional advisors and their respective insurers     (2016) 28 ILJ 71, Mark Robertson, (Published by LexisNexis), ISSN 0817-623X, 16 pages (www.lexisnexis.com.au)
  • The new ICC Rules of Arbitration: a brief overview of the main changes, International Arbitration Law Review (Vol. 14, no. 5, 2011).
  • Libyan sanctions - the interplay of different regimes, Global Arbitration Review, 12 October 2011.
  • Venezuela and ICSID: a reminder of unresolved issues, Global Arbitration Review, 27 January 2012.
  • Iura Novit Curia and Due Process in Liber Amicorum en l’honneur de Serge Lazareff, ICC Publication No. 973, 2011 Edition.
  • “The Arbitrator and Confidentiality”, in Derains, Yves Dossiers of the ICC Institute of World Business Law.
  • Drafted numerous book chapters in Eversheds “Practical Guide to International Arbitration”.
  • Book Review - Arbitration International, Volume 29 Issue 2 Williams & Kawharu on Arbitration by David Williams QC and Amokura Kawharu with contributing authors Daniel Kalderimis, Anna Kirk and Campbell Walker (Published by LexisNexis, 2011), ISBN 9781877511547, 1246 pages

AWARDS AND COMMENDATIONS

  • Deutscher Akademischer Austausch Dienst (DAAD) prize for best overall student in the Bucerius Law School / WHU Otto-Beisheim School of Management Master of Law and Business Program (2008 / 2009).

Other academic awards

  • Kapiti College 1998 - Graham Berkett Cup for Leadership as Head Prefect, 1st place in Economics, 2nd place in History, Merits in Accounting and English.
  • Kapiti College 1997 - 1st place in English, 1st place in Computer Studies (Brazier Cup Awarded), 2nd place Economics, 2nd History, 3rd Physics, Merit in Mathematics, Judith Mawson Cup for General Excellence in Form 6.

Sporting awards

  • 1997-1998 - Paraparaumu Club Presidents Trophy for best all round team member of the 1st XV (Rugby)
  • Kapiti College Blue for sporting achievement in Rugby 1998,
  • Placed third in 1997 Sunburst Sailing Nationals for under 19,
  • 1st Wellington Secondary Schools Regatta 1997 (Yachting),
  • Kapiti College Blue for Achievement in Yachting 1997,
  • Nominated for College Sport Wellington Sportsperson of the Year in yachting 1997.

INTERESTS, MEMBERSHIPS AND ASSOCIATIONS

  • New Zealand Law Society
  • Law Society of England & Wales
  • Law Society of New South Wales
  • Member of the Young International Arbitration Group
  • Arbitrator at the Wilhelm C. Vis Moot Competition, Vienna in 2010, 2011, 2012
  • PADI Scuba Dive Master (Dahab, Egypt 2013)
  • Recreational sailing, hiking, snowboarding, hunting and fishing

REFEREES
(please ask before contacting any of the following individuals)

  • Jonathan Newby, Partner, Collin Biggers & Paisley Lawyers, Sydney
  • Gerard Dewar, Partner, Thomas Dewar Sziranyi Letts, Wellington
  • Michael Galvin QC, Lonsdale Chambers, Melbourne
  • Dr Julian D M Lew QC, barrister and arbitrator, 20 Essex Street, London
  • Andy Moody, Partner, Norton Rose LLP, London
  • Dr. Stefan M. Kröll, Lawyer, academic and arbitrator, Cologne, Germany
  • Professor Clifford Larsen, Dean Bucerius Law School Master of Law and Business Program
  • Professor Martin J. Hunter, barrister and arbitrator, Essex Court Chambers, London
  • Sir (formerly Justice) Gavin Lightman, Serle Court, London
  • Hon. Christopher Finlayson QC, Wellington, Attorney General of New Zealand


[1] Bucerius Law School is a private law school located in Hamburg, Germany. The school is often ranked as the best law school in the country. The WHU — Otto Beisheim School of Management is also one of the best and most renowned German business schools, and enjoys an excellent international reputation.