Marian C 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 Appeals Tribunal;
• judicial review in the Supreme Court of Victoria and the Federal Court of Australia.
• banking and finance law:
• acting for and against banks and finance companies (including superannuation funds, insurance companies and financial advisors) 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 of Victoria, South Australia and Tasmania, as well as bankrupts and insolvent companies in the Federal Circuit Court and the Federal Court; acting in family law property proceedings where a spouse is a bankrupt in the Federal Circuit Court and the trustee in bankruptcy is a party to the proceeding;
• building and construction: Victorian Civil and Administrative Tribunal, Supreme Court of Victoria and the Court of Appeal (Victoria);
• contractual disputes: County Court of Victoria, Supreme Court of Victoria and the Court of Appeal (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, acting for Applicants, Respondents and Intervenors, including companies who are judgment creditors in other jurisdictions, in the Federal Circuit Court of Australia and the Family Court of Australia in Victoria, New South Wales and South Australia.
• intellectual property law: geographical indications (GIs) and trademarks, particularly in relation to wine, spirits, beer and food.
• 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.