Background

Qualifications

  • Bachelor of Economics (Sydney) 1978
  • Diploma in Law (LPAB) 1989

Malcolm Scott is a leading WHS prosecutor who also specialises in general common law and insurance contract law, employment law, medical negligence and succession law.

Malcolm works closely with solicitors, clients and other members of his legal team to gain a clear definition of the problem and identify the legal issues in the simplest terms possible. His approach is to solve or work around legal issues as quickly and cost effectively as possible. He believes that a forensic attention to the law and an unwavering commitment to objectivity are the most direct routes to a solution.

With more than 30 years’ experience as a barrister, Malcolm is keenly aware of the requirements of an effective counsel in litigation and resolving disputes. He also actively shares his expertise and knowledge with junior solicitors and counsel.

Before coming to the bar, Malcolm worked for the Metal Trades Industry Association, MTIA (now known as the Australian Industry Group), as National Manager of Industrial Relations. He specialised in organising large construction projects and undertook extensive negotiations with unions and other organisations.

Specialisations

  • Employment law and industrial relations
  • Professional indemnity and insurance law
  • Common law
  • Contract law
  • Medical negligence
  • Succession law

Professional Recognition

  • Doyles Guide 2021, Leading Work Health and Safety Junior Counsel, NSW -- Recommended
Publications

  • Foreseeability and Breach of Duty Under the Work Health and Safety Act 2011 (NSW)
  • Aspects of Chapter 3 of the Succession Act 2006 as Considered by the NSW Court of Appeal
  • Sentencing in WHS Matters

Focus Areas + Select Cases

Common Law and Insurance Contract Law

Cook v Ulan Coal Mines Ltd [2017] NSWSC 1166.

The plaintiff was a truck driver who claimed she had been injured while driving along the main haul road when her vehicle struck a pothole in the road. However, she could not provide evidence of any pothole existing in the area where she alleged the injury occurred.

Smith v Ulan Coal Mines Ltd (No 2) [2020] NSWSC 416.

The plaintiff was a coal miner who suffered a serious hand injury while working underground. The court found he couldn’t have suffered the injury in the way he alleged. The court also found that the Work, Health and Safety Regulations did not expand the mine owner’s common law duty to him and that the doctrine of Res Ipsa Loquitur did not apply to the circumstances of the case.

Jones v Murrumbidgee Irrigation Ltd (No 2) [2020] NSWSC 613; Jones v Murrumbidgee Irrigation Ltd [2019] NSWSC 1228.

The Plaintiff alleged that the quality of water supplied by the defendant caused her rice crop to fail and left her land less productive. She also claimed that the continuing quality of the water restricted her ability to grow crops. The case raised issues of the extent to which a supplier can restrict its liability over the quality of goods supplied and their potential detriment by inserting exclusionary clauses and clauses limiting liability into standard supply contracts.

Employment and Industrial

Coote v Mainline Access Pty Ltd [2017] FCCA 1524.
Trego v Wesbeam Pty Ltd [2019] FCA 1030.

WHS

SafeWork NSW v Dongwha Timbers Pty Ltd [2020] NSWDC 9.
SafeWork NSW v Kayrouz Constructions Pty Ltd [2020] NSWDC 77.
SafeWork NSW v Zammit Ham & Bacon Curers Pty Ltd [2020] NSWDC 178.
SafeWork NSW v Buddco Pty Ltd [2020] NSWDC 318.
SafeWork NSW v Can Do Projects Pty Ltd [2020] NSWDC 338.
SafeWork NSW v Bullock MFG Pty Ltd [2020] NSWDC 457.
SafeWork NSW v Clean Valley Pty Ltd [2020] NSWDC 681.
SafeWork NSW v Assign Blue Pty Ltd [2020] NSWDC 756.
SafeWork NSW v Williams Timber Pty Ltd [2020] NSWDC 777.

Latest News and Cases

All Articles
Aspects Of Chapter 3 Of The Succession Act 2006 As Considered By The NSW Court Of Appeal
02 Mar 2020
Malcolm Scott
Industrial and Employment
WHS – A Roundup of the Latest Authorities CPD
06 Apr 2021
Ingmar Taylor SC
Malcolm Scott
Joseph Simpson
All Articles
Work Health and Safety Update
06 Apr 2023
Greenway Chambers
Ingmar Taylor SC
Malcolm Scott
Justin Pen
Industrial and Employment
Foreseeability And Breach Of Duty Under The Work Health And Safety Act 2011 (NSW)
19 Mar 2020
Malcolm Scott
View All Articles

Enquiries

We accept briefs in all areas of commercial practice and in our barristers' other areas of practice. For further information or advice on our barristers and their availability, fees and areas of practice please contact our Front of House team.

Contact Us