Marcus specialises in professional indemnity litigation and coverage work. He acts for a wide variety of professionals, including lawyers, building certifiers, financial advisors and insurance brokers. Marcus also has significant advocacy experience and appears most regularly for clients in the NSW Supreme and District Courts, and the NSW Court of Appeal.

Before joining the firm, Marcus was seconded at several large insurers and insurance brokerages. He also has in-house legal experience gained while working for an ASX-listed general insurance cluster network.

Marcus is regularly involved in pro bono and community work. He is also an active member of the NSW Young Professionals Committee of the Australian Insurance Law Association and the Australian Professional Indemnity Group.

Lawyers

  • Defending an AUD $5m claim against a law firm and barrister for negligent commencement of proceedings, which was resolved on favourable terms for less than $55,000 in 2023.
  • Acting in Liprini v McIntyre & Ors [2019] NSWSC 355; Liprini v Hale [2020] NSWCA 130; [2020] HCASL 251 – a case involving negligent conduct by a solicitor acting in a wills and estates matter and issues including solicitor’s duty and advocate’s immunity.
  • Acting in Birketu & Ors v Atanaskovic Hartnell & Ors NSW Supreme Court Proceeding 2017/204767, settled; Atanaskovic v Birketu [2019] NSWSC 1006 – this matter involved vicarious liability proceedings against a law firm for a $9m fraud perpetrated by an employed solicitor.

Building certifiers

  • Defending a building certifier against an AUD $21m claim for the installation of combustible cladding in a large-scale commercial redevelopment in Pyrmont, NSW – the matter was resolved on ‘walk away’ terms.
  • Defending a building certifier for negligent classification of a residential building.

Financial advisors

  • Providing coverage advice to a ‘big four’ bank on a ‘fee for no service’ remediation program, which involved bulk notifications and the application of s 40(3) of the ICA.
  • Providing advice to a large bank-owned financial advisory business in its response to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

Insurance brokers

  • Acting in BNY Trust Company of Australia Limited v MMJ Real Estate (WA) Pty Ltd (No 2) [2018] NSWSC 1938, a matter that involved insurance brokers’ negligence.

Pro bono

  • Acting in Fitzgerald v The Valley Centre for Environmental Education & Research Inc. [2021] NSWSC 217, an equity claim against a registered charity that was dismissed with costs and involved promissory estoppel and Limitations Act issues.
Areas of Expertise
  • Commercial Litigation
  • Community and Pro Bono
  • Financial Institutions
  • Professional Liability

Industry Representation
  • Construction and Infrastructure
  • Financial Institutions and Services
  • Professions and Business Services

Professional Affiliations
  • Australian Insurance Law Association (NSW Young Professionals Committee Member)
  • Australian Professional Indemnity Group
  • Law Society of New South Wales