Mark McCarthy


Areas of Practice

  • Criminal Law
  • Regulatory & Enforcement litigation
  • Proceeds of Crime matters
  • Appellate
  • Inquests
  • Commissions of Inquiry
  • Statutory Tribunals
Mark McCarthy

Professional History

Mark is a specialist criminal barrister. He appears in summary matters, trials and appeals and is available to provide investigation-stage advice. Mark has extensive experience in federal criminal law, regulatory and enforcement matters, proceeds of crime litigation, and state crime. 

Educated at QUT, Mark was admitted as a barrister in 2000 and spent 10 years in-house at the Commonwealth DPP.  He was a Senior Assistant Director for three years before joining the private Bar in January 2011. Since 2012 Mark has also been a Reserve Legal Officer in the ADF, and is also part of the author team for Butler and Holt’s Indictable Offences Queensland.

Mark continues to accept prosecution briefs but has also established a reputation as a formidable and effective criminal defence barrister, especially in cross-border and transnational crime and regulatory matters.

Mark is based in Brisbane but accepts briefs from all states and territories, and the Asia-Pacific region.

Qualifications, Appointments and Admissions

  • 2000 Bachelor of Laws, Queensland University of Technology
  • 2000 Admitted as a Barrister of the Supreme Court of Queensland
  • 2002 Admitted as a Barrister and Solicitor of the Supreme Court of Western Australia
  • 2009 Admitted as a Legal Practitioner of the Supreme Court of the Northern Territory
  • 2000 – 2007 Commonwealth Prosecutor
  • 2008 – 2010 Senior Assistant Director, Commonwealth DPP
  • Since 2011, Barrister in private practice
  • 2012 – 2023 Australian Defence Force Legal Officer (Royal Australian Navy, Reserve)

Notable Cases

Australian Building and Construction Commissioner v J Hutchinson Pty Ltd T/A Hutchinson Builders [2019] FCA667

Saric v Commonwealth of Australia [2018] FCA 1620

Commissioner of the Australian Federal Police v Fernandez [2018] NSWCA 198

R v Thomsen [2018] QCA 220

R v Gowda; R v Mashru [2018] QCA 31

Collins v The Queen [2017] HCATrans 237

R v Mooney [2017] ACTSC 358

Commissioner of the Australian Federal Police v Fernandez [2017] NSWSC 1197

R v KL [2017] QSC 144

R v Lincoln; R v Kister; R v Renwick [2017] QCA 37

R v Schelvis; R v Hildebrand  [2016] QCA 294

R v Pearce [2016] QCA 126

Doolan v Legal Practitioners Admissions Board [2016] QCAT 98

Royal Commission into Trade Union Governance and Corruption, CFMEU Queensland, Document Destruction Case Study; and

Royal Commission into Trade Union Governance and Corruption, CFMEU Queensland, Cornubia House Case Study

R v Moxon  [2015] QCA 65

Attorney-General for the State of Queensland v Jerome [2013] QSC 69

R v AlifR v Amin; R v Zolmin [2012] QCA 355

R v Latif; ex parte Cth DPP [2012] QCA 278

R v Nitu [2012] QCA 224

R v Karabi [2012] QCA 47

Australian Fisheries Management Authority v Farrell [2010] NTMC 001

Australian Fisheries Authority v Kaka & Arsat [2009] NTMC 065

Oma v Hansen; Arifin v Hansen [2008] NTSC 34

Walker v The Queen [2008] NTCCA 7

Voyka v The Queen [2008] HCATrans 80

The Commonwealth Department of Public Prosecutions v Zhao [2006] QDC 377

R v Voyka [2006] QCA 493

MacCormack v The Queen [2005] QSC 49


Fees are by negotiation.  Mark will consider appearing pro bono in appropriate cases.