Mark Taylor joined Edmund Barton Chambers in February 2018 after relocating to South Australia from England. Mark was called to the Bar of England and Wales before he was admitted to the Supreme Court of South Australia in February 2018.
Previously, Mark enjoyed a varied practice in London and the South of England. He appeared in the equivalent of the District and Supreme Court in a range of commercial and civil matters and remains particularly interested in resolving probate issues and estate disputes as well as addressing problems involving personal bankruptcy and/or corporate insolvency.
Prior to practising law, Mark was an English Teacher in senior management within a challenging inner-city school.
Mark’s experience as counsel includes:
Probate, trusts, wills and estates
Admitting lost and informal wills to probate;
Representing and advising plaintiffs in regard to breach of trustee and executor duties;
Advising firms upon the use of discretionary trust instruments;
Removing Legal Personal Representatives for breaches of fiduciary duty;
Defending undue influence claims;
Representing plaintiffs and defendants in testamentary capacity proceedings;
Advising upon the transmission of shares in a large city company to an international statutory beneficiary;
Advising executors generally in regard to probate applications and the administration of estates.
Representing plaintiffs to establish standing in order to enable the issuance of a Family Provision claim;
Applying for, and contesting, declarations of domestic partnership;
Advising upon the merits of issuing and defending Family Provision claims;
Representing plaintiffs and defendants in Family Provision proceedings;
Successfully negotiating settlements in Family Provision claims;
Striking out a Family Provision claim.
Bankruptcy / Insolvency
Representing the interests of bankrupts, insolvent companies, trustees-in-bankruptcy, liquidators and receivers in complex bankruptcy and corporate insolvency proceedings within national and international jurisdictions;
Successfully winding up a foreign-exchange outfit for insolvent trading;
Successfully annulling a deliberate bankruptcy utilised in an attempt to frustrate matrimonial proceedings.
Company / Commercial
Resolving complex shareholder and partnership disputes;
Applying for commercial injunctions and relief from sanctions;
Defending clients for breach of personal guarantees;
Lifting the corporate veil in agency, shadow directorship and corporate persona contexts.
Land & Property
Issuing and defending complex right of way and boundary disputes;
Representation at leasehold tribunal hearings;
Advising upon the removal of restrictive covenants in commercial land;
Defending breach of option-to-purchase proceedings;
Various aspects of leasehold instructions, including advising, issuing and defending conveyance-related professional negligence claims.
Advising and representing solicitors in disciplinary actions for:
o Breaches of professional duties;
o Breaches of express and implied undertakings;
o Misuse of trust accounts;
o Accidental backdating of statutory documents.
Advising upon merits, discovery and evidence in a complex building development dispute;
Representing plaintiffs at interlocutory and trial stages in the English equivalent of the District and Supreme Courts and the specialist Technology and Construction Court.