
Malcolm specialises in directors and officers disputes and professional indemnity disputes. He is also well known for his expertise in relation to the law of insurance and reinsurance.
He has an outstanding track record of achieving positive outcomes for clients by resolving their disputes in a timely and cost-effective fashion without litigation where possible, and by litigating to successful conclusions where necessary.
Malcolm has been involved in a number of the major directors and officers cases in Australia in recent years. For example, he advised and acted, in various capacities, in the litigation that arose from the losses announced by Multiplex in relation to the redevelopment of Wembley Stadium; the collapse of Elderslie Finance; the winding up of Ansett; and the AMP takeover of GIO.
Malcolm acts both for company directors and for the major D&O insurers in Australia, providing strategic advice concerning potential exposure and specialised insurance advice, as well as acting in contested matters.
An increasing proportion of Malcolm’s D&O practice is acting for directors and officers in relation to compulsory examinations and other enforcement and investigation activity carried out by regulators such as ASIC and the ACCC.
Malcolm's clients include major Australian and international insurers and syndicates, and their insureds in the legal, accounting and financial services professions.
He handled all of the financial planning claims that arose from the collapse of the Westpoint Group for one large insurer. That work included defending one insured firm in class action proceedings brought by ASIC on behalf of investors.
In addition to his insurance expertise in the D&O and professional indemnity areas, Malcolm assists construction, property and infrastructure clients with advice in relation to legal issues concerning their insurance. He provides advice and representation in relation to coverage disputes (in both insurance and reinsurance) as well as providing preventative advice in relation to insurance issues arising at the transactional and contracting stage of client projects.
Malcolm is a member of the Australian Professional Indemnity Group and the Australian Institute of Company Directors.