Mark Easton Partner

Mark is a dispute resolution partner specialising in complex commercial disputes and litigation. He has a reputation for combining technical excellence with strategic thinking and astute commercial advice.

He acts for a range of Australian and international clients in relation to the strategic management and resolution of commercial litigation and disputes in a range of industries including energy and resources, construction and engineering, manufacturing, logistics and real estate.

Mark has significant knowledge and experience in relation to disputes arising from corporate transactions, commercial contracts, joint ventures, resources and infrastructure projects, and intra-company disputes, including the enforcement of shareholder rights and directors' duties.

He regularly acts for clients in relation to the enforcement of contractual, statutory and equitable rights, including obtaining and resisting urgent injunctive relief.

Mark is experienced in all forms of alternative dispute resolution including mediation, arbitration and expert determination.

Experience

Dispute resolution

International manufacturer of building products

Defended an A$1 billion product liability class action which included claims of negligence, negligent misstatement, negligent failure to warn and breach of statutory consumer laws.

International mining company

Acted in litigation concerning breach of contract, and termination of contract, against the operator of one of its Australian coal mines.

US defence contractor

Acted in relation to a contractual dispute with the Australian Commonwealth Government in relation to the AUD340 million supply contract for a new defence communications system for the Australian Defence Force.

Property developer

Acted in an A$170 million fraud and misleading or deceptive conduct claim in relation to commercial real estate holdings.

Australian energy utility company

Advised in a dispute with the main contractor under a design and build contract arising from the failure of new power station plant.

Listed Australian coal mining company

Advised on derivative action and minority oppression proceedings by a shareholder arising from alleged breach of directors' duties.

International construction engineering group

Advised on a number of significant construction disputes including the collapse of a NSW major arterial road tunnel, a crack in an arch in a significant NSW rail link, failed storm water management systems at a Queensland open cast mine, and the failure of a water pumping station at a NSW power station.

US defence contractor

Acted in a dispute with the Australian Commonwealth Government and an Israeli subcontractor in relation to a defence project for an unmanned aerial vehicle for the Australian Defence Force.

ASX listed agricultural company

Defending claims by investors in managed investment schemes, relating to its management of agricultural operations and associated dealings with the Responsible Entity of the schemes.

Recognition

Career & qualifications

Qualifications

  • Bachelor of Laws (Hons), University of Glasgow

Memberships

  • Law Society of New South Wales member
  • Law Society of England & Wales, United Kingdom member
  • Law Society of Scotland, United Kingdom member

International experience

  • Practised for 7 years, United Kingdom 
  • Spent 1 year on secondment to BP’s legal team, United Kingdom

News

Presentations

  • Legal Professional Privilege and In-House Lawyers, Sydney, February 2014 and March 2017.
  • Proportionate Liability and Commercial Contracts, Australian Corporate Lawyers Association, Sydney, November 2013.
  • Termination of Contracts- A Practical Guide, Sydney, November 2013.
  • Directors' Duties and Liabilities, Sydney, November 2012.
  • Damages for breach of contract, liquidated damages and penalties,  Sydney and Melbourne, June 2012.