Kelly, Mark

Mark has been conducting commercial and tort litigation for large institutional clients for over 28 years. He worked for leading national firms for 10 years, acting for major insurers and banks before joining AGS.

Since then he has acted in many significant cases for the Commonwealth defending claims for damages. Much of his practice involves representative or large cohort claims requiring strategic thinking, particularly relating to the joining of other responsible parties to the litigation and expertise in assessing liability and quantum. He has an excellent record of resolving disputes before litigation is commenced, or soon after proceedings are issued, through mediation and negotiation.

He acts extensively for Comcover conducting a number of their significant claims. He also leads a team of lawyers acting for Comcare defending claims against the Commonwealth for asbestos liabilities and recovery actions against negligent third parties causing injury to Commonwealth employees. He practises in all States and Territories, principally in their Supreme Courts and also in the Federal Court and the NSW Dust Disease Tribunal.

Mark has recently acted in a number of class actions including Ellis stolen generations class action.

He also acts in a number of large cohort claims involving historical abuse and is a member of the Crown Solicitors Working Group for historical abuse matters.

Mark has recently worked as a senior litigation adviser to the Solicitor-General of Papua New Guinea (PNG), as part of the Foreign Affairs’ Strongim Gavman Aid Program, assisting in the defence of major common law claims. In this role he also regularly appeared as counsel in the PNG Supreme Court, the highest court in that jurisdiction.

Relevant experience

Mark’s recent experience includes:

• representing the Commonwealth in a number of claims arising from the Commonwealth’s regional processing arrangements
• acting and supervising members of the team who act for Employment and Comcover in a number of cases, in which a participant in the Work for the Dole Scheme has suffered injury and sued the Commonwealth for damages
• acting for Defence, the Department of Home Affairs and the National Indigenous Australians Agency, in sensitive historical abuse claims
• supervising a team of lawyers acting for Comcare defending claims for asbestos exposure
• Mark has also acted in a number of class actions.