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Malcolm Robinson

Malcolm Robinson was admitted as a solicitor in 1991 and has practiced almost solely in litigation for over twenty-five (25) years. He has extensive experience in all types of disputes in the State Courts and Tribunals including commercial litigation, company liquidation, administrative review, debt recovery and personal injuries.

Malcolm has been acting for the Queensland Building and Construction Commission (formerly the QBSA) for a number of years and regularly appears in review matters in the Queensland Civil and Administrative Tribunal (QCAT) (and prior to that the Commercial Consumer Tribunal (“CCT”)) in relation to:

  • licensing issues;
  • decisions to issue, or not to issue, a direction to rectify; and
  • decisions pursuant to the statutory insurance policy.


As Malcolm has acted for the QBCC, other government agencies, local Councils and public companies in the past, over an extended period of time he has demonstrated clear application of ethical conduct of matters and of the model litigant rules in dealings with Courts, Tribunals and other parties. For these reasons, Malcolm has an excellent reputation as a senior commercial litigation practitioner in Brisbane.

COMMERCIAL LITIGATION

Malcolm has acted for clients, from individuals to publicly listed companies and Government departments and agencies, in many types of commercial litigation matters in the Courts. For example:

  • He appeared in the Supreme Court of Queensland - Court of Appeal, against Queens Counsel, and achieved a successful result for a client;
  • He has appeared in all Courts in many types of applications for orders from the Court, whether or not opposed by the other party;
  • He conducted a seven (7) day Trial in the Supreme Court, as advocate and against Counsel, defending a claim of misleading and deceptive conduct pursuant to the Trade Practices Act; and
  • Appeared in the Supreme Court in a number of matters and obtained orders for specific performance of contracts of sales;
  • Applied to the Supreme Court for appointment of receiver upon non-compliance with an order for specific performance;
  • Conducted litigation to recover investments funds lost in a managed investment of a property development;
  • He defended a claim brought against a client for forty-eight million dollars ($48,000,000.00).
  • Conducted the trial for numerous civil hearings in the Magistrates Court.


BUILDING DISPUTES

Malcolm has acted in all forms of building maters and disputes on behalf of owners, developers, builders and subcontractors.

He has advised in relation to contract drafting and formation, disputes, as well as termination.


TRADEMARKS AND COPYRIGHT

Malcolm has registered a number of trademarks for clients and acted in infringement litigation relating to trademarks and copyright.


DEBT RECOVERY

Malcolm has undertaken debt recovery work from single matters for amounts both small and large, to a high volume of matters for publicly listed companies.

He has conducted trials on behalf of Plaintiffs in the Magistrates Court, sometimes where the Defendant has been represented by Counsel, sometimes by a solicitor and other times where the Defendant has been self-represented. A number of Trials have resulted in the successful prosecutions of claim for publicly listed companies where the Defendant was represented by Counsel.


ADMINISTRATIVE REVIEWS IN QCAT

Malcolm has conducted a large number of administrative review matters in QCAT (and the CCT) – particularly on behalf of the QBCC. In doing so he has appeared at hearings against Counsel, solicitors and where the other party is self-represented.

Examples of administrative reviews are:

1. SUSPENSIONS & CANCELATIONS

Malcolm has acted for the QBCC in a number of matters involving suspension and/or cancellation of a builder’s licence. Many matters relate to a decision that the Minimum Financial Requirements for licensing were not complied with or that the licensee was no longer considered a fit and proper person to hold a licence.

Citation

Name of Parties

Link

[2010] QCAT

T&M Buckley Pty Ltd t/as Shailer constructions v QBCC

Not reported

[2012] QCAT 131

Cavalier Homes Brisbane Pty Ltd v QBCC

http://archive.sclqld.org.au/qjudgment/2012/QCAT12-131.pdf

[2014] QCAT

Eco Steel Homes Pty Ltd

Not reported

[2015] QCAT

Watermark Homes Pty Ltd

Not reported

[2016] QCAT 85

“Builder” v QBCC

http://archive.sclqld.org.au/qjudgment/2016/QCAT16-085.pdf

[2017] QCAT 238

NGE v QBCC

http://archive.sclqld.org.au/qjudgment/2017/QCAT17-238.pdf


2. OTHER LICENSING DECISIONS

Citation

Name of Parties

Link

[2016] QCAT 176

Archer v QBCC

http://archive.sclqld.org.au/qjudgment/2016/QCAT16-176.pdf


3. EXCLUDED INDIVIDUAL REVIEWS

Decisions as to whether or not a person should be categorised as an Excluded Individual pursuant to section 56AF of the Queensland Building Services Authority Act (“the Act”).

Following is a table of review hearings Malcolm has conducted as advocate in relation to this type of matter:

Citation

Name of Parties

Link

[2011]QCAT47

McClintock v QBSA

http://archive.sclqld.org.au/qjudgment/2011/QCAT11-047.pdf

[2011]QCAT210

Marangone v QBSA

http://archive.sclqld.org.au/qjudgment/2011/QCAT11-210.pdf

[2010]QCAT383

Gallagher v QBSA

http://archive.sclqld.org.au/qjudgment/2010/QCAT10-383.pdf

[2010]QCAT188

Meredith v QBSA

http://archive.sclqld.org.au/qjudgment/2010/QCAT10-188.pdf

QR027-09

Corcoran v QBSA

Unreported

2012

Arthurs v QBSA

Unreported

[2013]QCAT279

Raptis v QBSA

http://archive.sclqld.org.au/qjudgment/2013/QCAT13-279.pdf

[2013]QCAt469

Buckley V QBSA

http://archive.sclqld.org.au/qjudgment/2013/QCAT13-469.pdf

[2014]QCAT228

Walker v QBCC

http://archive.sclqld.org.au/qjudgment/2014/QCAT14-228.pdf

[2015]QCAT 39

Crocker v QBCC

http://archive.sclqld.org.au/qjudgment/2015/QCAT15-039.pdf

[2015]QCAT 16

Wright v QBCC

http://archive.sclqld.org.au/qjudgment/2015/QCAT15-016.pdf

[2015]

Halstead v QBCC

Not reported

[2016]QCAT 24

Carmichael v QBCC

http://archive.sclqld.org.au/qjudgment/2016/QCAT16-024.pdf


4. PERMITTED INDIVIDUAL REVIEWS


Decisions as to whether or not a person should be categorised as a Permitted Individual pursuant to section 56AD(1) of the Act, require an analysis of whether all reasonable steps were taken by the individual to prevent the coming into existence of the “Relevant Event” (i.e. a bankruptcy event or a corporate insolvency event).

Consequently, this means that the analysis required in a permitted individual review requires:

(a) On occasion:

(i) Review of the financial statements to determine if the cash flow and capitalisation of the company were managed appropriately;
(ii) A review of the appropriateness of litigation undertaken;
(iii) Consideration of compliance with director’s duties pursuant to the Corporations Act;
(iv) Consideration of insolvency issues that arise pursuant to the Corporations Act; and
(v) Whether there has been any phoenix activity;

(b) In all cases, the proper application of the statutory test provided in section 56AD(8).

The following is a table of review hearings Malcolm has conducted as advocate in relation to this type of matter:

 

Citation

Name of Parties

Link

[2008]QCCTB184

Thornton v QBSA

http://www.austlii.edu.au/au/cases/qld/QCCTB/2008/184.html

[2009]QCCTB197

Gibbs v QBSA

http://www.austlii.edu.au/au/cases/qld/QCCTB/2009/197.html

[2009 QCCTB238

Ricketts v QBSA

http://www.austlii.edu.au/au/cases/qld/QCCTB/2009/238.html

[2010]QCAT121

Spasevski v QBSA

http://archive.sclqld.org.au/qjudgment/2010/QCAT10-121.pdf

[2010]QCAT207

Fogg, Vicca & Hallett v QBSA

http://archive.sclqld.org.au/qjudgment/2010/QCAT10-203.pdf

[2010]QCAT335

Vuu v QBSA

http://archive.sclqld.org.au/qjudgment/2010/QCAT10-335.pdf

[2010]QCAT383

Gallagher v QBSA

http://archive.sclqld.org.au/qjudgment/2010/QCAT10-383.pdf

[2010]QCAT441

Ernst v QBSA

http://archive.sclqld.org.au/qjudgment/2010/QCAT10-441.pdf

[2010]QCAT481

Goodellis v QBSA

http://archive.sclqld.org.au/qjudgment/2010/QCAT10-481.pdf

[2010]QCAT662

Haggett v QBSA

http://archive.sclqld.org.au/qjudgment/2010/QCAT10-662.pdf

[2011]QCAT25

Beerling v QBSA

http://archive.sclqld.org.au/qjudgment/2011/QCAT11-025.pdf

[2011]QCAT454

Pritchard v QBSA

http://archive.sclqld.org.au/qjudgment/2011/QCAT11-454.pdf

[2011]QCAT611

Grofski v QBSA

http://archive.sclqld.org.au/qjudgment/2011/QCAT11-611.pdf

[2012]QCAT146

Meredith v QBSA

http://archive.sclqld.org.au/qjudgment/2012/QCAT12-146.pdf

[2012]QCAT209

Cameron v QBSA

http://archive.sclqld.org.au/qjudgment/2012/QCAT12-209.pdf

[2012]QCAT210

Sims v QBSA

http://archive.sclqld.org.au/qjudgment/2012/QCAT12-210.pdf

[2013]QCAT309

Uljarevic v QBSA

http://archive.sclqld.org.au/qjudgment/2013/QCAT13-309.pdf

[2013]QCAT

Bates-Brownsword v QBSA

Unreported

 

Schulz v QBSA

Unreported

[2013]QCAT 84

Vadasz v QBSA

http://archive.sclqld.org.au/qjudgment/2013/QCAT13-084.pdf

Note this decision was overturned upon appeal

[2013]QCAT 121

Jensen v QBSA

http://archive.sclqld.org.au/qjudgment/2013/QCAT13-121.pdf

[2013]QCAT505

Bradley v QBSA

http://archive.sclqld.org.au/qjudgment/2013/QCAT13-505.pdf

[2013]QCAT433

Gauci v QBSA

http://archive.sclqld.org.au/qjudgment/2013/QCAT13-433.pdf

[2013]QCAT472

Samimi v QBSA

http://archive.sclqld.org.au/qjudgment/2013/QCAT13-472.pdf

[2014]QCAT173

Dancey v QBCC

http://archive.sclqld.org.au/qjudgment/2014/QCAT14-173.pdf

[2014]QCAT 100

Melenewycz v QBCC

http://archive.sclqld.org.au/qjudgment/2014/QCAT14-100.pdf

[2014]QCAT 222

Mudri v QBCC

http://archive.sclqld.org.au/qjudgment/2014/QCAT14-222.pdf

[2014]QCAT 203

Coconut v QBCC

http://archive.sclqld.org.au/qjudgment/2014/QCAT14-203.pdf

[2014]

Meredyth v QBCC

Not reported

[2014]QCAT 164

Ausfire Doors and Penetrations v QBCC

http://archive.sclqld.org.au/qjudgment/2014/QCAT14-164.pdf

[2014]QCAT 164

Ryan v QBCC

http://archive.sclqld.org.au/qjudgment/2014/QCAT14-164.pdf

[2015]QCAT 100

D’Arro v QBCC

http://archive.sclqld.org.au/qjudgment/2015/QCAT15-100.pdf

[2014]QCAT 566

Mair v QBCC

http://archive.sclqld.org.au/qjudgment/2014/QCAT14-566.pdf

[2015]QCAT 245

Speedy v QBCC

http://archive.sclqld.org.au/qjudgment/2015/QCAT15-245.pdf

[2015]QCAT 243

Dobson v QBCC

http://archive.sclqld.org.au/qjudgment/2015/QCAT15-243.pdf

[2015]QCAT 338

Bemportato v QBCC

http://archive.sclqld.org.au/qjudgment/2016/QCAT16-085.pdf


Whilst the above list indicates the hearings conducted, more important are the numerous other matters (far more in number than the hearings) in which the matter was resolved, through negotiation. This has enabled resolution of the correct result without the cost of hearing, either by withdrawal of the application or by agreement to change the decision.


5. DECISIONS REGARDING ADEQUACY OF BUILDING WORK

Malcolm has controlled many files for QBCC relating to decisions pursuant to section 72 of the Act, where upon a complaint from an owner of a property, the QBCC can decide to, or decide not to, issue a direction to the builder to rectify or complete that work.


6. DECISIONS REGARDING THE INSURANCE SCHEME

Malcolm has controlled many files for QBCC pursuant to the statutory insurance scheme set up by the Act including:

• Decisions regarding claims from owners; or
• The correct scope of works for rectification or completion

7. DECISIONS REGARDING UNSATISFACTORY CONDUCT OF VARIOUS TRADES & PROFESSIONS

 Malcolm has appeared as advocate in the following Tribunal reviews regarding the conduct of various trades and professions:

 

Citation

Name of Parties

Link

[2016] QCAT 353

Neller v QBCC

http://archive.sclqld.org.au/qjudgment/2016/QCAT16-353.pdf

[2016] QCAT

Berthelsen v QBCC

Unreported

[2016] QCAT 3

GJI Pty Ltd v QBCC;

JKL v QBCC

http://archive.sclqld.org.au/qjudgment/2017/QCAT17-003.pdf

[2016] QCAT 480

Tracey v QBCC

http://archive.sclqld.org.au/qjudgment/2016/QCAT16-480.pdf


8. APPEALS

Malcolm has acted in a number of appeals from administrative decisions. These appeals include:

Citation

Name of Parties

Link

[2011]QCATA155

Ernst v QBSA

http://archive.sclqld.org.au/qjudgment/2011/QCATA11-155.pdf

[2011]QCATA158

Corcoran v QBSA

http://archive.sclqld.org.au/qjudgment/2011/QCATA11-158.pdf

[2010]QCATA050

QBSA v Meredith

http://archive.sclqld.org.au/qjudgment/2010/QCATA10-050.pdf

[2014] QCA 62

QBCC v Meredith

http://archive.sclqld.org.au/qjudgment/2014/QCA14-062.pdf

[2011]QCATA310

McClintock v QBSA

http://archive.sclqld.org.au/qjudgment/2011/QCATA11-310.pdf

[2013]QCATA152

QBSA v Meredith

http://archive.sclqld.org.au/qjudgment/2013/QCATA13-152.pdf

[2013]QCATA219

QBSA v Plotkin

http://archive.sclqld.org.au/qjudgment/2013/QCATA13-219.pdf

[2013]QCATA238

QBSA v Robuild

http://archive.sclqld.org.au/qjudgment/2013/QCATA13-238.pdf

[2014]QCATA28

QBCC v Jensen

http://archive.sclqld.org.au/qjudgment/2014/QCATA14-028.pdf

[2014] QCA 81

QBCC v Robuild

http://archive.sclqld.org.au/qjudgment/2014/QCA14-081.pdf

[2014] QCA 307

QBCC v Arthurs

http://archive.sclqld.org.au/qjudgment/2014/QCA14-307.pdf

[2014]QCATA1

QBCC v Vadasz

http://archive.sclqld.org.au/qjudgment/2014/QCATA14-001.pdf

[2014]QCATA 154

Gauci v QBCC

http://www.sclqld.org.au/caselaw/search/index.php?keywords=gauci&court=QCAT&offset=1

[2015]QCATA 2

Ryan v QBCC

http://archive.sclqld.org.au/qjudgment/2015/QCATA15-002.pdf

[2015]QCATA 78

QBCC v Mudri

http://archive.sclqld.org.au/qjudgment/2015/QCATA15-078.pdf

[2016]QCATA183

QBCC v Mudri

http://archive.sclqld.org.au/qjudgment/2016/QCATA16-183.pdf