Background

After qualifying as a solicitor in 2011, Jarryd Malouf's keen and long-standing interest in advocacy and litigation led him directly to the Bar in 2012. Since that time, he has developed into an outstanding Personal Injury advocate. He is now focusing on Commercial Law and is developing an equally strong reputation in this area – with a particular interest in the Law of Guarantee.

Jarryd respects the input of both solicitors and clients. He maintains a responsive working relationship and exercises unfailing diligence with regard to ensuring all parties are updated as a case evolves. He also makes time to answer queries and speak to clients whenever possible.

In addition to an extremely disciplined approach to detail, Jarryd’s ability to deliver outstanding advocacy is the cornerstone of his practice. A consummate professional, he has an immersive approach to preparation and remains ‘across the brief’ at all times. Through organisation and adept knowledge of the requirements of the court, he makes the legal process seamless.

Jarryd’s professional aspiration is to continue honing his litigation and advocacy skills. He is willing to take on briefs from a variety of jurisdictions to do so – and will always apply his transferrable knowledge to each case.

Jarryd readily travels intrastate to work with rural practitioners, and is keenly aware of the requirements of rural communities.

Jarryd's varied sporting commitments also give him a welcome opportunity to travel.



Focus Areas + Select Cases

Koufos & Koufos v NTA [2013] NTSC 25 - Duty to take reasonable care – Duty owed to prospective tenants to provide habitable premises – Whether ongoing breach of duty occurred as to fitness and habitability of property – Reasonable regime of inspection established by defendant – Reasonable maintenance practices shown.

Hume v Patterson [2013] NSWSC 1203 - TORTS - negligence - plaintiff suffered catastrophic injury while participating in sport of wake-skating - determination of liability as separate question- whether defendant tow boat driver was in breach of his duty to exercise reasonable care for the safety of the plaintiff in the conduct of the activity - whether wake-skating dangerous recreational activity.

Geyer v Redeland Pty Limited [2013] NSWCA 338 - TORTS - negligence - proof of negligence - Evidence Act 1995 (NSW), s 140(1) - proof on the balance of probabilities - relevance of alternative possibility.

Peter Roffe v Newcrest Mining - Work injury damages case; settled at mediation).

Christopher Budden v Kasey Ford - Liability denied MVA; settled at mediation.

Gurvinderpal Singh v Sydney West Area Health Service (Nepean Hospital) (medical negligence, settled at mediation).

Alfred Stevens v South Eastern Sydney and Illawarra Area Health Service (medical negligence, settled at mediation).

Allcott Hire Pty Limited v Silk (Local Court of NSW - Unreported) (26 June 2015) (acting on appeal and awaiting judgement on appeal) (law of the contract of guarantees).

Annette Scorah v Robert Fuller (Family provisions matter in the Supreme Court. Settled.)

Logan v Logan (Family provisions matter in the Supreme Court. Settled.)

Jaffarie v Quality Castings Pty Ltd [2015] NSWCA 335 and Jaffarie v Quality Castings Pty Ltd [2016] NSWWCC 162 (re-hearing) – A claim for lump sum compensation from alleged injury in course of employment to both lumbar and thoracic spine. The worker appealed the finding of the Arbitrator on his finding of specific injury. For determination was did Deputy President erred in finding that the worker did not challenge the arbitrator’s finding about the thoracic spine – whether Deputy President’s misreading of the arbitrator’s reasons was an error of law – whether Deputy President had the power under the Workplace Injury Management and Workers Compensation Act 1998, s 352(7) to remit part only of the worker’s claims for re-determination.

Dale Lane Adam v M J & M Strudwick [2015] NSWWCC 91 - Medical expenses in the Workers Compensation.

Paul Grace v AGL Gas Networks Limited [2015] NSWWCC 71 - Medical expenses in the Workers Compensation - hearing aids.

BlueScope Steel Ltd v Markovski [2013] NSWWCCPD 69 - Psychological injury; whether injury wholly or predominantly caused by reasonable action with respect to transfer; s 11A of the Workers Compensation Act 1987; right to cross appeal.

Dewan Singh and Kim Singh t/as Krambach Service Station v Wickenden [2014] NSWWCCPD 13 - Journey claim; s 10(3A) of the Workers Compensation Act 1987; worker travelling home in darkness due to employment requirement to work late; collision with vehicle swerving to avoid cattle on road; whether worker established a real and substantial connection between the employment and the accident; drawing of inferences; whether open to infer that darkness played a role in the accident.


Articles