Marian C. Clarkin Hardy
Marian C. Clarkin Hardy
B.A.(Jurisprudence), LL.B., G.C.L.P., LL.M. (Commercial Law)
22 July 1998 (Victoria)
1 June 1998 (South Australia)
Signed Bar Roll:
18 November 2010
Owen Dixon Chambers East
Floor 8, Room 10
205 William Street, Melbourne
Admitted to Practice:
Areas of Practice:
- Building and Construction
- Equity and Trusts
- Human Rights and Discrimination
- Industrial Relations
- Intellectual Property
- Motor Traffic
- Native Title
- Personal Injury
- Proceeds of Crime
- Residential Tenancies
- Resources and Environment
- Trade Practices
- Wills and Estates
Advocacy forms the basis of Marian’s practice and she has appeared in courts in Victoria, New South Wales, South Australia and Tasmania.
Outside of court, Marian also regularly represents clients to negotiate settlements and participate in mediations, as well as drafting and settling documents and providing advice.
Marian has a broad practice, which often involves complex matters where many areas of the law overlap and there are multiple related proceedings on foot.
Marian practises in the areas of:
- administrative law (merits review, judicial review in the Supreme Court and the Federal Court);
- banking and finance law (acting for and against banks and finance companies in the County Court and the Supreme Court);
- commercial law (bankruptcy/insolvency law – acting for trustees inbankruptcy, administrators, receivers and managers – SupremeCourts of Victoria, South Australia and Tasmania, as well asbankrupts and insolvent companies in the Federal Circuit Courtand the Federal Court; have also acted in family law propertyproceedings where a spouse is a bankrupt in the Federal CircuitCourt);
- criminal law (breaches of intervention orders appealed to theCounty Court, traffic, drug offences, white collar crime);
- employment law (acting for employees in disputes againstemployers);
- equity/trusts (Supreme Court);
- estate (Supreme Court and County Court);
- family law (appearing property and parenting proceedings in theFederal Circuit Court and the Family Court; and familyviolence/intervention orders in the Magistrates’ Court and theCounty Court);
- guardianship and administration (appearing in VCAT);
- intellectual property law (trade marks, particularly in relation towine, spirits, beer and food);
- personal injuries (County Court); and
- property law (caveats, resulting trusts, constructive trusts).
Prior to coming to the Bar, Marian worked in a broad range of roles, including:
- Lawyer/Researcher, Commercial Court, Supreme Court of Victoria;
- Lawyer/Analyst, Australian Securities and Investments Commission(ASIC) in Financial Services Regulation – Licensing & Business Operations;
- Case Manager for the Australian Banking Industry Ombudsman Ltd(ABIO), which is now the Australian Financial Complaints Authority (AFCA) and was previously the Financial Ombudsman Service (FOS) investigating complaints between banks and retail customers (individuals and small businesses);
- Solicitor for RACV Ltd – overseeing the election for the Board ofDirectors and the AGM.
Marian completed a Master of Laws (Commercial Law) at Monash University with a focus on banking and finance. Marian has a keen interest in wine and was awarded a High Distinction for her research paper on the treaties between Australia and the European Community on wine towards her LL.M.
Marian was also the Law Institute Journal’s wine correspondent and wrote a monthly wine column, the Legal Limit.
Marian was a Sessional Tutor and Examiner in Administrative Law at Monash Law School.