Mark Gerard Higgins

Mark Higgins is a barrister with over 20 years’ experience at the NSW Bar. He specialises in the criminal, administrative, judicial review and care jurisdictions. He regularly appears in prosecutions on behalf of various state statutory authorities in the Supreme, Land and Environment Courts, and Local Court of NSW, and as defence counsel in all jurisdictions. He is also a Counsel to the International Criminal Court and appears internationally in criminal trials, most recently in the Republic of Nauru.

Mark is a founding Judge and Arbitrator of the Prospera Arbitration Centre in the Republic of Honduras where he presides as the head of the Hazardous Activity Division. He also serves as the Secretary to the Board for the Prospera Arbitration Centre.

He was previously employed as a solicitor advocate for the Legal Aid Commission of New South Wales for 10 years specialising in the criminal and mental health jurisdictions.

He is a previous author of the Lawyers Practice Manual’s chapter on “Bail in New South Wales” and has been a law lecturer at various universities in NSW.

He presents numerous CLE/CPD seminars for the legal profession including for the Aboriginal Legal Service, private firms and regional law societies in New South Wales.

Founding Judge and Arbitrator

• Próspera Zone for Economic Development and Education
• Próspera Arbitration Center LLC, Republic of Honduras https://pac.hn/

Counsel

International Criminal Court, The Hague, Netherlands

Trustee and Secretary

• Standing Competence and Ethics Committee (SCEC)
• Próspera Zone for Economic Development and Education
• Próspera Arbitration Centre LLC, Republic of Honduras

Department of Justice – Pre-qualification Panel

• Office of General Counsel
• NSW Department of Communities and Justice

Panel of Counsel

• RSPCA (NSW)

Director

• Black Chambers

Lecturer

• Faculty of Law, Diploma of Legal Practice, University of Technology Sydney
• Lecturer, Faculty of Law – Undergraduate degree – Principles of Evidence, University of Technology Sydney
• Guest Lecturer, Faculty of Law, Master of Criminal Law, University of Wollongong

Vicky Johnston (Clerk)
Black Chambers
(02) 8590 5182
0408 418 177

Eleanor Tjhin (Junior Clerk)
Adam Hussain (Junior Clerk)

Black Chambers
Wallamulla, Gadigal Country
Suite 204, Level 2
185 Elizabeth Street
Sydney NSW 2000
Australia

Cases

• Brown v R [2023] NSWCCA 330
• Rossall v R [2021] NSWCCA 200
• BCE20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 124 (16 July 2021) (led by D Hooke SC)
• DKN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 97 (8 June 2021)
• Belan v Office of the Director of Public Prosecutions (NSW) [2021] NSWCA 96
• Commissioner of Police re R v Schwarz (restricted decision) [2021] NSWCCA 74 (21 April 2021)
• Jesse v Roads and Maritime Services [2019] NSWCCA 176
• Cecil v Director of Public Prosecutions (Nauru); Kepae v Director of Public Prosecutions (Nauru); Jeremiah v Director of Public Prosecutions (Nauru) [2017] HCA 46 (led by B Walker SC)
• Republic of Nauru v Batsiua [2018] NRSC 46; Criminal Case 12 of 2017 (13 September 2018)
• Republic of Nauru v Batsiua [2018] NRSC 37; Criminal Case 12 of 2017 (21 June 2018)

Mark Higgins is a Committee Member of the New South Wales Parachute Committee under the auspices of the Australian Parachute Federation (APF) and the New South Wales Member Protection Special Committee within the APF.

He holds 6 Australian National Skydiving records; he competes nationally and is an accredited coach and instructor.

He is a former president of the Australian Lawyer Surfing Association.