Marc Maskell

Partner
Insolvency + RestructuringBuilding + ConstructionDevelopmentLitigation + Dispute Resolution

About Marc

Marc's reputation is for frank advice and clear strategies so clients can understand the law, manage risk and make informed decisions to achieve planned outcomes.

Serving as Thynne + Macartney's Chairman of Partners, Marc also leads the firm's commercial dispute resolution, insolvency and restructuring practice. He has 20+ years experience helping clients with debt recovery, securities enforcement, director and shareholder disputes, commercial litigation, arbitration and ADR processes, regulatory and judicial review, insolvency, safe harbour and restructuring.

Managing a leveraged team of solicitors, Marc matches clients and matters with the appropriate level of legal experience and cost. His team includes industry recognised specialists in PPSA, construction, and personal and corporate insolvency.

Directly accessible to clients, Marc most regularly acts for insolvency practitioners, secured and unsecured lenders, SMEs including family businesses, clubs and incorporated associations, shareholders and directors, shopping centres, property developers, builders, Churches and not-for-profits, accountants and graziers.

Litigation and Dispute Resolution:  Marc tailors his advice and recommendations to help clients achieve priority outcomes with maximum certainty in process, time and cost.  His team acts in all Australian jurisdictions and international arbitrations, with cross-border enforcement capability.

Insolvency and Restructuring:  Marc specialises in all aspects of insolvency planning and pre-appointment advice, securities reviews, PPSR and priorities advice, safe harbour, pursuing and opposing private or Court appointments, voidable transactions, insolvent trading actions and public examinations, as well as dealings with ASIC and the ATO.

Marc is the Deputy Chair of Thynne + Macartney and the partner representative to Ally Law, a global alliance of more than 70 leading law firms providing comprehensive legal services to major corporations and cross-border clients worldwide.

 

Awards & Recognition

Best Lawyers Australia

  • Alternative Dispute Resolution (2019-2022)
  • Insolvency and Reorganisation (2019-2022)
  • Litigation (2018-2022)

 

Qualifications

  • Admitted as a solicitor to the Supreme Court of Queensland in January 2002
  • Bachelor of Laws (Honours) - Queensland University of Technology
  • Bachelor of Arts - Queensland University of Technology

 

Memberships & Appointments

 

Relevant Experience

  • Winding up the 'Goldsky' unregistered managed investment schemes, including claw back claims in the Queensland Supreme Court and application of the Corporations Act and Australian common law to $30million+ transactions in a Ponzi
  • Successful Personal Insolvency Agreement ('PIA') under Part X Bankruptcy Act for the director of a well-known Queensland building company to resolve circa $2million personal creditor claims by trade suppliers with personal guarantees, the ATO, the Queensland Building & Construction Commission (QBCC) and an insolvent trading claim by the company's liquidator, with immediate distributions and releases and avoiding bankruptcy for the director.
  • Appointing and acting for Deed Administrators in a DOCA for Bloomer Constructions, including advice on effectuation of pre-appointment contracts with subcontractors and developers of residential buildings, recovery of securities and assignment of choses in action.
  • Representing critical supply creditors in the Arrium insolvency, resulting in re-negotiated on-going supply agreements and expedited recovery of unsecured debts exceeding $8million.
  • Acting for the liquidator appointed on 'just and equitable grounds' to Wholesale Super and facilitating the sale of a financial products book, including Supreme Court approval and to protect the interests of 900+ retail superannuation investors.
  • Federal Court orders to protect and exploit assets owned jointly within a bankrupt deceased estate using Part XI Bankruptcy Act and a de-registered company (including re-registration orders), and facilitating further borrowings of $1.3million by the Trustee and Liquidator, to complete and secure an international distribution agreement for the Australian cult movie 'Boar'.
  • Representing 65 owners and the body corporate of a major residential building in Brisbane for compensation to rectify defective building works with an apprehended risk of catastrophic failure, and successful recovery via pre-trial mediation.
  • Prosecution of Subcontractor's Charges Claims and achieving mediated recovery for multiple subcontractors affected by the insolvency of Leanfield Developments, and by the insolvency of iPipe, with charges under BIFA paid out of money deposited by upstream principals in the Supreme Court.
  • Representing Queensland-based shopping centre owners in defeating multiple retail shop lease disputes exceeding $600,000 in the Queensland Civil & Administrative Tribunal (QCAT).