Malcolm joined Herbert Geer as a partner in 2008. He has extensive experience in Workplace Relations, Employment Law and Defamation. Malcolm’s clients include major national and international corporations.
Areas of expertise in Workplace Relations and Employment Law
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Strategic workplace relations advice
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Drafting and certification / registration of workplace agreements
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Employment issues arising from transmission of business
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Defence of occupational health & safety prosecutions
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Human rights and equal opportunity commission matters
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Torts of interference with contractual relations and inducing breach of contract
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Remedies available under the Trade Practices Act
Malcolm has undertaken substantial work in the areas of the defence of litigated employment claims, the negotiation of Workplaces Agreements and advising international corporations on Australian employment requirements.
Areas of expertise in Defamation Law
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Advising generally on Australia's uniform defamation laws introduced in 2005 including the significance and role of “offers to make amends”, the publication of “apologies” and “retractions”, the defences of contextual truth, justification, absolute privilege, qualified privilege, public comment and honest opinion
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Strategic advice to corporations and officers of corporations in relation to their remedies in circumstances where they are the subject of media publications that contain defamatory imputations
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The conduct of proceedings to recover damages for defamation
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Demands for remedial action
Examples of recent work undertaken in this area include
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Advising and successfully acting for senior officers of a construction company in Supreme Court proceedings in the ACT arising from the publication of defamatory articles in an Australian national newspaper, regarding evidence allegedly given by officers of our client during the course of proceedings then on foot in an Australian Court
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Advising and acting for the principal of a large property development company in Supreme Court proceedings in NSW, arising from the publication of defamatory material on the internet and in various newspapers regarding allegedly misleading and deceptive conduct by the plaintiff in their property development undertakings, including but not limited to, their dealings with a Council and with purchasers of the properties developed by them
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Advising and acting for a large construction company and its officers in relation to certain defamatory articles published in an Australian national newspaper and on an Australian internet newspaper containing defamatory and false and misleading allegations regarding our clients and their officers’ alleged involvement in an incident at a construction site