MR. MARK WELLARD

Professional Consultant

Tel

Email

Office

(852) 3943 1064

Room 534
Faculty of Law
5/F, Lee Shau Kee Building
The Chinese University of Hong Kong
Sha Tin, NT, Hong Kong SAR

Mark is a Professional Consultant with CUHK Law and an experienced corporate, commercial and insolvency law academic. Prior to commencing his academic career in 2010, Mark practised as a commercial litigation and insolvency lawyer with leading law firms in Australia and the UK. From 2016 to 2018, Mark served as Legal Director of the Australian Restructuring Insolvency & Turnaround Association (ARITA), Australia’s peak professional association for insolvency and bankruptcy practitioners.

Mark has extensive experience in managing and teaching a range of undergraduate and postgraduate courses including commercial law, company law, corporate insolvency/restructuring law and bankruptcy law (personal insolvency). Mark’s experience and professional engagement inform his approach to teaching with a focus on readying his students for the opportunities and demands of legal practice.

Mark has published significant research on matters of practical relevance to insolvency professionals and broader issues of insolvency law reform. Mark is an academic member of INSOL International, a federation of national associations of accountants and lawyers who specialise in insolvency and turnaround.

  

EDUCATION AND PROFESSIONAL QUALIFICATIONS

  • LLM (Queensland University of Technology)
  • LLB (Hons IIA) (The University of Queensland)
  • BCom (The University of Queensland)
  • GCAP (Queensland University of Technology)
  • Admitted Solicitor of the Supreme Court of Queensland (1999), the Supreme Court of Victoria (2001) and the Supreme Court of England and Wales (2006).

RESEARCH INTERESTS

  • Corporate insolvency and restructuring law
  • Bankruptcy law (personal insolvency)

PROFESSIONAL MEMBERSHIPS / ENGAGEMENT

  • Academic member, INSOL International
  • Academic member, Insolvency & Restructuring Committee, Law Council of Australia
  • Academic member, Australian Restructuring Insolvency & Turnaround Association (ARITA)

SELECTED PUBLICATIONS

Journal articles

  • “The Test for ‘Insolvency’ and Long-term Future Debt: Is Time a Resource?” (2025) 99(3) Australian Law Journal 224
  • “The price of power: Restraints on Liquidators under ss 477(2A) and (2B) of the Corporations Act” (2025) 33(2) Insolvency Law Journal 69
  • “Insolvent Trading: Director Accountability for Minimal Returns to Creditors in Liquidations” (2023) 31 Insolvency Law Journal 85
  • “Arrium: Is it ‘commercial reality’ to conclude that a company is solvent until it is ‘certain that it cannot pay’ its future debts?” (2021) 21(7&8) Insolvency Law Bulletin 90
  • “‘Electronic Communication’ Amendments to the Corporations Act: Implications for Service of Statutory Demands” (2021) 29(1) Insolvency Law Journal 45
  • “Supplier beware: Pt 5.3B ‘small business’ restructuring, winding up applications and dispositions of company property during ‘debtor-in-possession’ trading” (2021) 21 (3&4) Insolvency Law Bulletin 46-50
  • “The ‘second opinion’ special purpose liquidator: A second opinion” (2020) 20(8) Insolvency Law Bulletin 158
  • “The Effect of Bankruptcy and Liquidation on Trust Property: Recent High Court Judgments and Implications for Insolvency Practitioners and Post-Appointment Dealings and Dispositions” (2020) 28(1) Insolvency Law Journal 29
  • “World Bank report on MSME insolvency: Implications for Australian law reform” (2018) 30(4) ARITA Journal 18
  • “Major victory for reasonable and proper liquidator remuneration: NSW Court of Appeal delivers judgment on liquidator remuneration in Sakr Nominees” (2017) 29(1) ARITA Journal 10
  • “Left holding the baby: ARITA’s advocacy on Queensland’s new ‘Chain of Responsibility’ laws” (2016) 28(3) ARITA Journal 18
  • “Global Rules on Conflict-of-Laws Matters in International Insolvency Cases: An Australian perspective” (2015) 23 Insolvency Law Journal 5 (co-authored)
  • “Australian DOCAs versus UK pre-packs and CVAs: sifting through the ashes of comparative dividend returns” (2014) 15(8) Insolvency Law Bulletin 123
  • “After-Acquired Income and Contributions by Australian Bankrupts: Can pay, should pay, making them pay!” (co-authored) (2014) 14(3) QUT Law Review 53;
  • “A review of Deeds of Company Arrangement” (2014) 26(2) ARITA Journal 12
  • “Debts ‘incurred’ by receivers, administrators and liquidators: The case for a harmonised construction of ss 419, 443A and 556(1)(a) of the Corporations Act” (2013) 21(1) Insolvency Law Journal 60
  • “Bailing out the FEG: Is the Fair Entitlements Guarantee (formerly GEERS) approaching its own fiscal cliff?” (2013) 13(7) Insolvency Law Bulletin 153
  • “A comparative analysis of Anglo-Australian pre-packs: can the means be made to justify the ends?” (co-authored) (2012) 21(3) International Insolvency Review, 143
  • “Director liability for uncommercial transactions: is s 588G(1A) impotent to provide liquidators the means to seek compensation for creditors?” (2012) 13(2) Insolvency Law Bulletin 37
  • “Does section 420A impose strict liability upon controllers for acts or omissions of agents and experts?” (2012) 20(2) Insolvency Law Journal 124
  • “UK Pre-pack reforms: pause for thought in Australia?” (2011) 23(2) Australian Insolvency Journal 12.

Research reports & researched submissions to government

  • Submission to Parliamentary Joint Committee on Corporations and Financial Services Inquiry into Corporate Insolvency in Australia, 30 November 2022 (subsequently appeared by invitation as a witness at inquiry’s public hearing on 1 March 2023);
  • Submission to Australian Government on ‘Review of the insolvent trading safe harbour’, 1 October 2021 (cited at length in the independent review panel’s Final Report ‘Review of the Insolvent Trading Safe Harbour’ dated Nov 2021)
  • 2013 ARITA Terry Taylor Scholarship: Research Report into deeds of company arrangement under Part 5.3A of Australia’s Corporations Act (the report on this sample research is on ARITA’s website and was cited in numerous submissions to the Australian Government’s 2014 Financial System Inquiry).