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Mark Attard

Partner

People

Mark Attard

Mark Attard

Partner

People

Mark Attard

Mark Attard

Partner

Full Profile

Mark has over 25 years of experience acting for Australian and London Market insurers, in the area of professional indemnity and general insurance.

Mark's insureds include building and construction professionals, lawyers, financial planners, accountants, insurance intermediaries, recruitment agencies, owner corporation managers, health practitioners, travel agents, director and officers, health care professionals, real estate agents and IT professionals. 

Mark also has a building and construction practice. His focus includes negotiating and drafting building contracts and advising on risk management, legislation, alternative dispute resolution and insurance.  

For nearly two decades Mark has been a contributor to The Law Handbook, a plain English guide to the law in Victoria published annually by the Fitzroy Legal Service. As part of this involvement, Mark has written and edited the chapters on insurance and domestic building and renovation.

Mark has been consistently recognised for insurance law in Best Lawyers Australia between 2013-2021. Mark was also recognised in the 2021 edition of Best Lawyers Australia as "Lawyer Of The Year" for "Insurance Law". This prestigious recognition is awarded to the individual lawyer with the highest overall peer-feedback for a specific practice area. Mark is listed as a leading Professional Indemnity Lawyer – Victoria 2021 by Doyle's Guide and is recommended by Legal 500 for Insurance and Litigation.

Experience
  • Represented the project architect and its insurer in multi-party litigation following losses sustained in a fire in a high rise building at Docklands, Melbourne in 2014.  First major ACP claim to be tried in Australia. Involved review of Australian Standards and the Building Code, retaining and briefing experts and counsel, conducting negotiations and preparing matter for trial.  Decision presently on appeal.                                                                 
  • Significant health practitioner practice representing practitioners before AHPRA and the HCC.  Dealing with a range of issues including boundary transgressions, privacy, patient care, data breach and coronial inquests
  • Successfully defended a solicitor in a High Court appeal dealing with a solicitor's duty of care to a client in criminal proceedings and the scope of the immunity allowed to legal practitioners.  Decision extended the scope of the existing immunity.
  • Defended a Supreme Court action against a financial planner brought by a dying client after life insurers refused his claim. Convinced the Court that the client was guilty of contributory negligence for non-disclosure to the extent of 50%.
  • Presently advising insurers on a number of large ($100 million+) infrastructure projects.  Advice covering technical aspects of the claim and policy response.

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Expertise

Mark acts for Australian and London Market insurers, in the area of professional indemnity and general insurance.

Regions covered
Full Profile

Mark has over 25 years of experience acting for Australian and London Market insurers, in the area of professional indemnity and general insurance.

Mark's insureds include building and construction professionals, lawyers, financial planners, accountants, insurance intermediaries, recruitment agencies, owner corporation managers, health practitioners, travel agents, director and officers, health care professionals, real estate agents and IT professionals. 

Mark also has a building and construction practice. His focus includes negotiating and drafting building contracts and advising on risk management, legislation, alternative dispute resolution and insurance.  

For nearly two decades Mark has been a contributor to The Law Handbook, a plain English guide to the law in Victoria published annually by the Fitzroy Legal Service. As part of this involvement, Mark has written and edited the chapters on insurance and domestic building and renovation.

Mark has been consistently recognised for insurance law in Best Lawyers Australia between 2013-2021. Mark was also recognised in the 2021 edition of Best Lawyers Australia as "Lawyer Of The Year" for "Insurance Law". This prestigious recognition is awarded to the individual lawyer with the highest overall peer-feedback for a specific practice area. Mark is listed as a leading Professional Indemnity Lawyer – Victoria 2021 by Doyle's Guide and is recommended by Legal 500 for Insurance and Litigation.

Experience
  • Represented the project architect and its insurer in multi-party litigation following losses sustained in a fire in a high rise building at Docklands, Melbourne in 2014.  First major ACP claim to be tried in Australia. Involved review of Australian Standards and the Building Code, retaining and briefing experts and counsel, conducting negotiations and preparing matter for trial.  Decision presently on appeal.                                                                 
  • Significant health practitioner practice representing practitioners before AHPRA and the HCC.  Dealing with a range of issues including boundary transgressions, privacy, patient care, data breach and coronial inquests
  • Successfully defended a solicitor in a High Court appeal dealing with a solicitor's duty of care to a client in criminal proceedings and the scope of the immunity allowed to legal practitioners.  Decision extended the scope of the existing immunity.
  • Defended a Supreme Court action against a financial planner brought by a dying client after life insurers refused his claim. Convinced the Court that the client was guilty of contributory negligence for non-disclosure to the extent of 50%.
  • Presently advising insurers on a number of large ($100 million+) infrastructure projects.  Advice covering technical aspects of the claim and policy response.
Sectors

Sectors

  • Healthcare

  • Insurance & Reinsurance

Services

Services

  • Commercial Disputes

  • Regulatory & Investigations

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