Current practice

Malcolm is a partner in the Litigation group in our Melbourne office, with experience of practice in both Victoria and New South Wales. His approach to any dispute is always to first understand his clients’ commercial objectives and to work with the client to devise a legal strategy aimed at achieving a resolution consistent with those objectives.

Malcolm has acted in a broad range of commercial disputes, with expertise in class actions, major contractual and regulatory disputes. Malcolm has a particular focus on the telecommunications, information technology and financial services sectors. He works closely with partners in Freehills’ Corporate Advisory team, including advising clients on potential exposure arising from allegations of non-compliance with statutory and other duties.

Industry experience

Malcolm regularly acts in proceedings in both state and federal jurisdictions. He has worked with his clients to resolve their disputes at trial, arbitration, mediation and through informal negotiation as appropriate. Significant recent matters have included:

• conducting an appeal on behalf of a major bank in respect of a significant exposure to clients of its financial advice subsidiary arising under financial services licensing legislation
• acting in several disputes in the information technology sector relating to failed IT projects, and software licensing, distribution and marketing agreements in both New South Wales and Victoria
• representing clients in both the telecommunications and energy sectors in class action proceedings
• involvement in various aspects of a major bank’s wealth management business response to investigations by government regulatory agencies.

He also gained valuable experience of the client’s perspective of litigation during a recent secondment leading the internal dispute resolution team of a client in the telecommunications industry.

Professional background

Mal completed his Bachelor of Laws (Honours) and Bachelor of Economics at Monash University in Melbourne.

He is admitted as a solicitor and barrister of the Supreme Court of Victoria, the Supreme Court of New South Wales and each of the courts in the federal jurisdiction.