Mark Johnston KC

Biography

Mark Johnston KC has a specialist commercial law practice with respect to large and complex litigation.  In addition to acting as counsel in cases, Mark also accepts briefs as an arbitrator, an expert for expert determinations, as a referee and as a mediator.    

Mark has extensive arbitration experience as a leading counsel, having appeared in many of the largest arbitral proceedings concerning infrastructure and resource projects in Asia and in Australia. This includes international arbitrations with respect to the Roy Hill Iron Ore Project, the Gorgon LNG Project, the Ichthys LNG Project, the QGC LNG Project, the Tan Burrup Project, commodity export terminals, multiple wind farm and renewable energy projects in Asia, coal and energy projects, airport projects in Asia, hospital and infrastructure projects in Mongolia, and price regulation for access to infrastructure, amongst other major commercial arbitrations. He has appeared as a leading counsel in many commercial arbitrations in London, Singapore, Sydney, Melbourne, Brisbane and Perth, and has worked as counsel on international arbitrations in Dubai, Spain and in the UK.  

Mark has appeared in many complicated commercial proceedings in Courts including with respect to petroleum royalties, the BHP Mitsubishi Coal Project, the Abbot Point Export Terminal, the APLNG project, litigation with respect to petroleum permits and mining interests, rights and obligations under Texas Operating Agreements, the Wiggins Island Coal Terminal, the Carmichael Coal Project, the GLNG Project, gold and copper projects, wind farm and renewable energy projects, rail projects and with respect to various other large-scale infrastructure and resource projects, in addition to various proceedings for insurance claims and commercial claims with respect to developments.   

Mark has also been briefed as counsel in significant royal commissions and statutory commissions of inquiry, including the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, the Royal Commission into the Queensland floods, the Commission of Inquiry in relation to a Blackhawk helicopter crash and a Commission of Inquiry in relation to matters concerning the Royal Australian Navy.     

Mark was awarded dux and the University Medal in Law for the Bachelor of Laws after achieving a grade point average of 6.88 out of 7. He also holds a Masters in Law (Commercial Law) (ANU), a Masters in International Relations (Qld), a Bachelor of Arts (Management) (NSW) and a Diploma in Chinese (Mandarin). Mark was awarded the James Archibald Douglas Prize for the Bar advocacy course. He is a graduate of the Royal Military College (Duntroon), the Australian Defence Force Academy, and St Joseph’s College, Gregory Terrace.   

Before being called to the independent Bar, Mark worked as a lawyer for the Commonwealth Government and for a top-tier international law firm. He was appointed a Special Adviser to the United Nations in East Timor, and received a United Nations’ Commendation for outstanding performance. Mark also had the unique opportunity to participate in the inaugural Government-sponsored instructor exchange in China which saw him live and work in China. Mark has been awarded the Australian Active Service Medal and a United Nations Medal.   

Mark is a registered arbitrator on the panel for the Australian Centre for International Commercial Arbitration.  He is a member of numerous professional committees in respect of international commercial arbitration, including ACICA’s Legislative Committee and a state committee, the International Committee of the Australian Bar Association, and the ICC Singapore Arbitration Group, and he is the Chair of the Arbitration Committee of the Queensland Bar Association.  

Mark Johnston KC has permanent chambers in Australia and in Singapore at Maxwell 42 – International Arbitration Chambers Singapore (see: www.maxwell42.com).