Malcolm’s core practice areas are litigation and corporate transactional work.
In his litigated practice, Malcolm has acted for a wide range of professionals, directors and officers, financial institutions and internationally based primary and excess layer insurers, including class actions. His experience extends to matters involving Warranties and Indemnities Insurance and regulatory advice for local and foreign insurers and reinsurers
Malcolm has extensive experience in dealing with complex litigation in matters ranging in values between $250,000 and $445 million in various jurisdictions around Australia and in the South Pacific. He has also given advice in relation to matters with values up to approximately $750 million. He has acted for:
- directors and officers of private and ASX listed companies
- financial institutions, stock brokers, financial advisers and insurance brokers;
- builders, valuers and real estate agents; and
- professional services businesses, such as architects, certifiers, engineers, law firms, corporate trustees and accounting firms.
Malcolm’s practice also extends to providing corporate transactional advice which frames complex legal issues with an understanding of his clients’ commercial context and needs to help expedite transactions in an efficient manner.
Malcolm’s experience includes:
- preparing and negotiating the terms of shareholders agreements;
- providing advice and assisting clients with implementing company buy-backs, shareholder buy-outs, and advising on compulsory acquisition;
- preparing, advising and negotiating the terms of convertible notes;
- corporate debt and leveraged finance transactions;
- assisting public companies with preparing and negotiating term sheets, pre-transaction due diligence, and drafting and negotiating transaction documents.
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- First case on the duty of a debenture trustee under section 283DA(a) of the Corporations Act 2001 (Cth): Oztech Pty Ltd v Public Trustee of Queensland (No 15) [2018] FCA 819
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