Marian Clarkin

Trial and appellate 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 in the Administrative AppealsTribunal, judicial review in the Supreme Court and the FederalCourt);
• banking and finance law:
• acting for and against banks and finance companies in the
  County Court of Victoria and the Supreme Court of Victoria;
• banking and finance complaints to the Australian Financial
  Complaints Authority (AFCA); and
• advocating for banking and finance customers experiencing
  hardship resulting from COVID-19: the Coronavirus
  Pandemic;
• commercial law:
• bankruptcy/insolvency law: acting for trustees in bankruptcy,administrators, receivers and managers – Supreme Courts ofVictoria, South Australia and Tasmania, as well as bankruptsand insolvent companies in the Federal Circuit Court and theFederal Court; acting in family law property proceedingswhere a spouse is a bankrupt in the Federal Circuit Court;
• building and construction: Victorian Civil and Administrative
  Tribunal and Supreme Court of Victoria,
• contractual disputes: County Court of Victoria and the
  Supreme Court of Victoria;
• general commercial: breaches of the Corporations Act
  2001, including director’s duties and shareholder disputes:
  Supreme Courts of Victoria and South Australia;
• mining and resources law; and
• property: caveats, constructive trusts and resulting trusts in
  the Supreme Courts of Victoria and South Australia;
• employment law: acting for both employees and employers in
  resolving disputes;
• equity/trusts: constructive and resulting trusts in the Supreme Courts of Victoria and South Australia;
• family law: appearing in property and parenting proceedings in
  the Federal Circuit Court of Australia and the Family Court of Australia in Victoria, New South Wales and South Australia;
• guardianship and administration: appearing in the Victorian Civil and Administrative Tribunal;
• intellectual property law: trademarks, particularly in relation to wine, spirits, beer and food; and
• wills and estates: County Court of Victoria and Supreme Court of Victoria.

Prior to coming to the Bar, Marian worked in a broad range of roles in litigation and banking and financial services spanning retail, institutional and corporate banking, as well as alternative dispute resolution, regulatory, compliance and risk management, 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), which was previously the Financial Ombudsman Service (FOS) investigating complaints between banks and retail customers (individuals and small businesses); and
• Solicitor for the Royal Automobile Club of Victoria (RACV) Ltd: overseeing the election for the Board of Directors 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 treaty 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.