Mark McCarthy
Contact
- mjm@8pt.com.au
- 07 3369 7937
- 0416 081 750
- 07 3369 7098
- Mark McCarthy on Linkedin
Areas of Practice
- Professional Discipline and Regulatory proceedings (Medical, Lawyers, and Police)
- Mental Health Court hearings and appeals
- Regulatory investigations, hearings and appeals (Federal, State, and Local Council)
- Criminal law (appeals, trials, committals and investigations)
- Coronial Inquests
- Commissions of Inquiry
- Proceeds of Crime and Criminal Confiscation litigation
- Military Discipline, including Court Martial proceedings
Professional History
Mark is a leading barrister for advocacy and advice in disciplinary proceedings, regulatory matters, and criminal cases in Queensland and the federal courts. He appears in trials, appeals and summary hearings, while being available to provide investigation-stage advice and to appear at inquests and in commissions of inquiry. Mark is an expert in federal criminal law, Queensland criminal law, and in proceedings under the Mental Health Act 2016 (Qld).
Educated at QUT, Mark was admitted as a barrister in 2000 and spent 10 years in-house at the Commonwealth DPP before joining the private Bar in January 2011. From 2008 to 2010, Mark was the Senior Assistant Director in charge of the Commonwealth DPP’s Northern Territory operations. From 2012 to 2023, Mark was a part time/reserve Legal Officer in the Australian Defence Force. From 2015 to 2021, Mark was also a member of the author team for Butler and Holt’s Indictable Offences Queensland.
Mark accepts prosecution and defence briefs and is highly sought after as a formidable and effective advocate at both ends of the bar table. He is based in Brisbane but accepts briefs throughout Queensland in state and federal matters, and around Australia in federal matters.
Notable Cases
- MacCormack v The Queen [2005] QSC 49
- R v Voyka [2006] QCA 493
- CDPP v Zhao [2006] QDC 377
- Voyka v The Queen [2008] HCATrans 80
- Walker v The Queen [2008] NTCCA 7
- Oma v Hansen; Arifin v Hansen [2008] NTSC 34
- Australian Fisheries Authority v Kaka & Arsat [2009] NTMC 065
- Australian Fisheries Management Authority v Farrell [2010] NTMC 001
- R v Karabi [2012] QCA 47
- R v Nitu [2012] QCA 224
- R v Latif; ex parte Cth DPP [2012] QCA 278
- R v Alif; R v Amin; R v Zolmin [2012] QCA 355
- Attorney-General for the State of Queensland v Jerome [2013] QSC 69
- R v Moxon [2015] QCA 65
- Royal Commission into Trade Union Governance and Corruption, CFMEU Queensland, Cornubia House Case Study; and
- Royal Commission into Trade Union Governance and Corruption, CFMEU Queensland, Document Destruction Case Study
- R v Pearce [2016] QCA 126
- R v Schelvis; R v Hildebrand [2016] QCA 294
- R v Lincoln; R v Kister; R v Renwick [2017] QCA 37
- R v KL [2017] QSC 144
- Commissioner of the Australian Federal Police v Fernandez [2017] NSWSC 1197
- R v Mooney [2017] ACTSC 358
- Collins v The Queen [2017] HCATrans 237
- R v Gowda; R v Mashru [2018] QCA 31
- R v Thomsen [2018] QCA 220
- Commissioner of the Australian Federal Police v Fernandez [2018] NSWCA 198
- Saric v Commonwealth of Australia [2018] FCA 1620
- Australian Building and Construction Commissioner v J Hutchinson Pty Ltd T/A Hutchinson Builders [2019] FCA 667
- R v Leonard Properties Pty Ltd and Leonard [2019] QDC 209
- R v Pulini & Pulini [2019] QCA 258
- R v Starkey [2019] QDC 240
- Inquest into the death of Logan Dreier (2019/3619) [2021] QldCorC 67
- R v East [2020] QDCPR 73
- R v Hanna [2021] QCA 48
- R v Gore [2021] QCA 147
- Health Ombudsman v Asinas; Asinas v Medical Board of Australia [2021] QCAT 306
- Read v The Queen [2020] WASCA 56
- R v Radhi [2022] QSCSR 380
- R v ABI [2023] QCA 166
Qualifications, Appointments and Admissions
- Bachelor of Laws, Queensland University of Technology (2000)
- Admitted as a Barrister of the Supreme Court of Queensland (2000)
- Admitted as a Barrister and Solicitor of the Supreme Court of Western Australia (2002)
- Commonwealth Prosecutor, Qld/WA/Qld (2000-2007)
- Admitted as a Legal Practitioner of the Supreme Court of the Northern Territory (2009)
- Senior Assistant Director, Commonwealth DPP, NT (2008-2010)
- Australian Defence Force Legal Officer, RAN, reservist/part time (2012-2023)
- Barrister in private practice (since 2011)