Malcolm Robinson has practiced almost solely in litigation for over thirty (30) years, with extensive experience in litigation disputes, in all Queensland Courts and Tribunals. He has assisted clients with almost every type of dispute that can arise, from complex litigation in Courts, to Tribunal reviews, to the simpler – but very significant to the client – employment issues.
Malcolm is passionate about finding solutions to difficult problems; fixing what appears to be incapable of any favourable resolution. He considers the problems of all clients are deserving of attention.
His early assessment of the appropriate strategy in matters produces a clear and focussed route to achieve an outcome – rather than mere conveyor-belt process.
QUALIFICATIONS
• Bachelor of Laws (QUT)
• Solicitor of the Supreme Court of Queensland
• Solicitor of the High Court of Australia
MEMBERSHIPS
• Member of the Queensland Law Society
• Member of Building Dispute Practitioners’ Society
Some of the more significant matters in which Malcolm has assisted clients include:
GENERAL LITIGATION
Immediately prior to the Local Council elections in 2024, Malcolm pursued an application in the Supreme Court for interlocutory injunction to restrain a candidate for Mayor, pursuant to section 200(3) of the Local Government Electoral Act 2001, from publishing misleading signs – Mitchell v Laming – unreported 3286/24
In 2020 Malcolm was involved in an application for declaration that an award arising from an Arbitration was void – https://archive.sclqld.org.au/qjudgment/2020/QSC20-025.pdf.
In 2022 and 2023 Malcolm was responsible for a proceeding relating to declaration of equitable entitlements as between parents and an adult child – https://archive.sclqld.org.au/qjudgment/2022/QDC22-149.pdf and https://archive.sclqld.org.au/qjudgment/2023/QDC23-179.pdf.
A civil jury trial for false imprisonment was conducted under Malcolm’s supervision in 2022 https://archive.sclqld.org.au/qjudgment/2022/QDC22-168.pdf and which included an appeal in 2020 – https://archive.sclqld.org.au/qjudgment/2020/QCA20-137.pdf.
On 8 August 2024, in the Supreme Court, Malcolm obtained an order pursuant to 203AA (2) of the Corporations Act 2001, changing the date of resignation of a director of a company – D’Arrro v ACN 601 371 206 Pty Ltd & ASIC.
COMMERCIAL LITIGATION
- 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;
- 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;
- Defended a claim brought against a client for forty-eight million dollars ($48,000,000.00); and
- Conducted the trial for numerous civil hearings in the Magistrates Court.
BUILDING AND CONSTRUCTION DISPUTES
Malcolm has been active in the building and construction industry for more than a decade.
He has acted in commercial construction disputes, on behalf of developers and builders and for subcontractors, arising from Australian Standard contract, as well as relating to custom drafted contracts.
Recently, Malcolm conducted a 4 day hearing in QCAT against counsel – Carter v QBCC & Body Corporate for the Johnson.
BUILDING AND CONSTRUCTION CONTRACTING & CONTRACT ADMINISTRATION
Malcolm has assisted clients in the preparation contracts in Standards Australia form for head contracts and subcontracts, as well as guidance in steps required for administration of the contract during the progress of works.
Cases in which he was involved include:
- [2022] QDC 224 Thallon Mole Group Pty Ltd v Louise Morton
- [2023] QCA 250 Thallon Mole Group Pty Ltd v Louise Morton
- [2024] QSC 65 Body Corporate for the Johnson v Maxcon Constructions Pty Ltd
BCIPA ADJUDICATION
Malcolm has represented both builders and subcontractors in adjudications, including Supreme Court applications regarding jurisdiction of adjudicators to make decisions.
Following adjudication decision, sometimes it is necessary to take enforcement action to recover the funds at the earliest time.
EQUITY
In 2013, Malcolm Managed a number of cases in which he obtained orders for specific performance in relation to off-the-plan purchasers who failed to complete. These included Greenway Investments Corporation Pty Ltd t/as Eclipse at Broadbeach v Gandolfo – BS7773/12 and Greenway Investments Corporation Pty Ltd t/as Eclipse at Broadbeach v W3 investments Pty Ltd – BS7014./12.
In 2015 an equitable claim for co-contribution as between guarantors – https://archive.sclqld.org.au/qjudgment/2015/QDC15-283.pdf.
In 2017 Malcolm managed a proceeding relating to constructive trust and breach of fiduciary duties, with claims for accessorial liability and tracing – https://archive.sclqld.org.au/qjudgment/2017/QDC17-238.pdf, which was the subject of appeal – https://archive.sclqld.org.au/qjudgment/2019/QCA19-242.pdf.
In 2020, Malcolm managed a claim for specific performance – https://archive.sclqld.org.au/qjudgment/2020/QDC20-077.pdf.
ESTATE LITIGATION and FAMILY PROVISION CLAIMS
Malcolm has undertaken the estate administration of a significant number of estates.
He has also acted in many matters pursuing or opposing family provision claims.
On 5 October 2024, in the Supreme Court Malcolm obtained an order allowing probate of a copy of a Will – Re Estate of the Last Colin Haworth.
TRADEMARKS AND COPYRIGHT
Malcolm has registered a number of trademarks for clients and acted in infringement litigation relating to trademarks and copyright.
In 2022 Malcolm successfully defended a claim for alleged infringement of copyright – https://archive.sclqld.org.au/qjudgment/2022/QDC22-116.pdf and https://archive.sclqld.org.au/qjudgment/2023/QCATA23-006.pdf.
DEBT RECOVERY
Malcolm has undertaken debt recovery work from single matters for amounts both small and large, to large ledgers 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.
VOCATIONAL LICENCE MATTERS
Malcolm has acted for a number of people in dealing with issues for vocational licensing such as:
- Solicitors with issues requiring response from QLS and LSC;
- Administrative reviews of vocational licence issues in the Administrative Appeals Tribunal for example tax agent registration, migration agent licensing renewal.
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.
As a result, he has been involved in review of licensing matters in relation to a number of the most significant building companies in Queensland.
Examples of administrative reviews are:
