Mark Dunstan

Mark Dunstan

Bachelor of Arts/Bachelor of Laws, Macquarie University 2010

Master of Laws, Sydney University 2025

Called to the bar 2026

Mark accepts briefs in all areas of law, but practices principally in employment and industrial relations, work health & safety, commercial litigation, and public and administrative law.
Before coming to the Bar, Mark spent fourteen years working as a solicitor, including over a decade with various trade unions and as a partner at a national boutique firm.

Mark commenced his career as a commercial litigator, before working as an industrial lawyer for the United Services Union and then leading a disputes team at the NSW Nurses and Midwives’ Association, acting in numerous matters in both the Commonwealth and New South Wales industrial relations systems. Mark’s work has included securing a multi-million dollar underpayment recovery against Australia’s largest private health provider, acting in Award applications and achieving the mass reinstatement of employees found to be unfairly terminated.

Directly before commencing at the Bar, Mark was a partner at Prolegis Lawyers, a national firm specialising in advising and representing charities and not-for-profits.

Mark brings a forensic and practical approach to litigation and advisory work. He is deeply invested in his clients and values a warm and collaborative relationship with instructing solicitors. Having spent a decade leading teams in a range of different contexts, Mark applies a strategic lens to planning and managing litigation and projects, working creatively to meet client objectives.

Mark appears in the full range of courts and tribunals across all states and territories.

Practice Areas

Administrative and Public Law
Commercial
Criminal Law
Employment and Industrial Relations
Equity
Human Rights and Discrimination
Inquests and Commissions of Inquiry
Professional Disciplinary
Work Health and Safety

Experience

2025-2026, Partner, Prolegis Lawyers
2016-2025, Lead Industrial, NSW Nurses and Midwives’ Association
2013-2016, Legal Special Projects Officer, United Services Union
2012-2013, Solicitor Turks Legal

Admissions

Solicitor 2012

Barrister 2026

Selected Cases

As solicitor advocate

  • Health Secretary v NSW Nurses and Midwives’ Association (2025) NSWIC 20, involving imposition of civil penalties for contravening dispute orders in relation to strike action.
  • NSW Nurses and Midwives’ Association v Health Secretary in respect of Western Sydney Local Health District [2025] NSWIRComm 1005.
  • Application by Ramsay Health Care Australia Pty Ltd T/A Ramsay Health Care Australia [2024] FWC 3518
  • Australian Nursing and Midwifery Federation v Achieve Australia Limited T/A Achieve Australia – [2021] FWC 6188
  • Brailsford v Liverpool City Council; Arce v Liverpool City Council; Wojciechowski v Liverpool City Council [2016] NSWIRComm 1022 resulting in the reinstatement of three workers.
  • NSW Local Government, Clerical, Administrative, Energy Airlines and Utilities Union v Warringah Council [2015] NSWIRComm 1012
  • Local Government (State) Award 2014 [2014] NSWIRComm 37.
  • NSW Local Government Clerical Administrative Energy Airlines and Utilities Union and Marrickville Council [2014] NSWIRComm 1006.
  • New South Wales Local Government Clerical Administrative Energy Airlines and Utilities Union (on behalf of David Williams) v. Warringah Council [2013] NSWIRComm 1029.