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Mark Schneider

Partner – Litigation and Dispute Resolution; Restructuring and Insolvency

Mark thrives when solving an unusual client problem – thinking strategically and approaching problems from different perspectives is second nature. Mark’s ability to quickly understand critical legal, commercial and political issues and distil complex legal issues into user friendly advice, presentations and recommendations is a real strength. A collaborative communicator, Mark leverages his broad experience to develop cost-effective strategies to achieve commercial outcomes and to provide innovative, strategic, and practical advice on complex, high risk commercial and reputational issues.  

Mark’s experience spans many industry sectors including retail, commercial, rural and residential property, hotels and leisure, telecommunications, mining, energy and resources. In conjunction with his commercial litigation practice, Mark specialises in contentious and non-contentious corporate restructuring, business turnaround, and formal insolvency. He has regularly advised major trading and investment banks, secured and unsecured creditors, directors and insolvency practitioners on a wide range of complicated issues ranging from security reviews, debt and capital restructuring and refinancing, director’s duties, formal processes such as administration and liquidation, and asset recovery and realisations. Alongside his alternative dispute resolution skills, he has previously instructed counsel in the Appellate, Federal, Supreme and District Courts and Tribunals of Australia.  

Prior to Hamilton Locke, Mark worked for firms including Norton Rose Fulbright, Henry Davis York, Allens and Dentons in London. 

AREAS OF EXPERTISE 

Corporate Restructuring; Insolvency; Bankruptcy; Dispute Resolution; Litigation; Civil Litigation; Mediation; Corporate Law; Contract Law; Banking Law; Contract Negotiation; Corporate Governance; Cross Border Transactions; Joint Ventures; Regulatory Compliance 

 

AWARDS 

  • The Best Lawyers in Australia for Insolvency and Reorganization Law, Best Lawyers, 2022  
  • The Best Lawyers in Australia for Insolvency and Reorganization Law, Best Lawyers, 2021  
  • Recommended Lawyer in Insolvency & Reconstruction (Brisbane) in Doyles Legal Guide, 2016 
  • Recommended Lawyer in Restructuring and Insolvency in The Legal 500 Asia Pacific, 2015 

 

QUALIFICATIONS 

  • Bachelor of Laws and Bachelor of Business, Management – QUT  
  • ARITA Advanced Certificate in Insolvency, QUT 
  • Admitted to practice in Queensland, England and Wales 

 

SELECTED REPRESENTATIONS 

  • Advising an international Hotel Group in relation to COVID-19 pandemic related financial impacts, government response and new legislation, negotiations with its landlord and Australian aspects of a group restructure.
  • Advising a registered liquidator and registered bankruptcy trustee in respect of inquiries from ASIC and AFSA and defending proceedings brought by ASIC regarding allegations of “illegal phoenix activity”.
  • Advising the NSW Independent Liquor and Gaming Authority on its inquiry into the Barangaroo restricted gaming facility granted to Crown Sydney Gaming Pty Limited (further detail can be found here: https://www.nswcasinoinquiry.com/home).
  • Managing large projects of contract review for compliance with Unfair Contracts legislation for a Big4 bank and a large regional bank.
  • Advising administrators of a construction company with defects liability period claims at a high-profile project at the Gold Coast and a complex employee claim, advising in respect of a deed of company arrangement and subsequent liquidation.
  • Acting for a production company in respect of a claim for moneys had and received as a result of a failed takeover transaction.
  • Acting for liquidators to recover voidable transactions, including a c.$1m preference payment from the ATO without being required to commence proceedings.
  • Acting for a mining industry consulting company and key employees defending claims for breach of contract and restraints and misuse of confidential information.