About

Marcus has more than 25 years’ advocacy experience in a range of jurisdictions and courts, including 13 years with the Commonwealth DPP and 13 years at the Bar in the ACT & NSW. Marcus was previously the CDPP’s principal lawyer responsible for federal proceeds of crime proceedings and maintains a specific interest in this area.

In 2021, 2022, 2023 and 2024 Marcus was recognised in Doyle’s Guide as a Leading Commercial Litigation & Dispute Resolution Barrister in the ACT.

Marcus is the immediate past president of the ACT Bar Association.

Qualifications

BA/LLB (First Class Hons), ANU

Select cases

Commissioner of the Australian Federal Police v HWCJ GLB Pty Ltd (No 2) [2024] NSWSC 482.  Appeared unled in application to exclude property from restraint under Proceeds of Crime Act 2022 (Cth).

Coombes v Capital Certifiers Pty Ltd (No. 2) [2023] ACTSC 9. Appeared unled in contested interlocutory application by defendant for leave to issue third party notice out of time to building company in liquidation.

Wu v Wu & Anor [2022] ACTSC 360.  Appeared for first defendant (led by Philip Walker SC) in claim for breach of contract and alternatively unconscionable conduct and/or undue influence regarding historical transfer of ACT residential property.

Su v 5 Blackman Cres Macquarie Pty Ltd [2022] ACTCA 62. Appeared unled for respondent in contested application for leave to appeal from interlocutory case management decision of ACTSC dismissing proceedings for non-compliance with court directions.

O’Mara Holdings Pty Ltd v The Patch Australia Pty Ltd [2022] FCA 366.  Appeared for respondents (unled) in contested hearing for alleged misleading or deceptive conduct under Australian Consumer Law.

Scentre Management Ltd v Planning and Land Authority [2021] ACTSC 171.  Appeared for respondent (led by Tom Howard SC) in judicial review proceedings relating to planning approval for proposed Belconnen Markets redevelopment.

Village No 22 Pty Ltd v Planning and Land Authority of the ACT [2021] ACAT 43.  Appeared as lead counsel for respondent in merits review proceedings relating to proposed $110 million estate development.

University of Canberra v Zierholz@UC Pty Ltd [2020] ACTCA 45.  Appeared for applicant (led by T Lynch SC) in contested application for security for costs on appeal.

HTI Watson Pty Ltd v Commissioner for ACT Revenue [2020] ACAT 30.  Appeared for applicant (led by Philip Walker SC) in contested merits review proceedings regarding lease variation charge payable on estate development.

Song & Ors v Commissioner of the Australian Federal Police [2019] VSCA 206.  Appeared for applicant (unled) in application for extension of time to appeal the making of restraining orders under Proceeds of Crime Act 2002 (Cth).

Capital Recycling Solutions Pty Ltd v ACT Planning and Land Authority [2019] ACTSC 58.  Appeared for applicant (led by Tom Howard SC) in application for judicial review of decision of Planning & Land Authority purporting to revoke previous development approval.

Director of Public Prosecutions (ACT) v DL [2018] ACTCA 61.  Appeared unled for interested party in DPP reference appeal concerning meaning of “prejudicial effect” in s 101(2) of Uniform Evidence Acts where prejudice relates to conduct of defence of other proceedings.

Commissioner of Australian Federal Police v Karmadonov and Ors (QSC 18/5/18 & 12/8/16 – restricted publications).  Appeared for respondents (led by Peter Davis QC) in applications for declarations concerning the conduct of compulsory examinations under the Proceeds of Crime Act 2002 (Cth).

Dunn v Hanson Australasia Pty Ltd & Ors [2017] ACTSC 169; (2017) 12 ACTLR 138.  Appeared for plaintiffs (unled) in claim for damages for defective residential building work involving breaches of statutory warranties implied by Building Act 2004 (ACT), misleading or deceptive conduct contrary to Trade Practices Act 1974 (Cth) & proportionate liability issues.