Background
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.
Professional recognition
Best Lawyers Australia 2026 for Labour & Employment Law.
- Doyles Guide 2021, Leading Work Health and Safety Junior Counsel, NSW — Recommended.
Qualifications
- Bachelor of Economics (Sydney) 1978
- Diploma in Law (LPAB) 1989
Specialisations
- Employment law and industrial relations
- Professional indemnity and insurance law
- Common law
- Contract law
- Medical negligence
- Succession law
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