Malcolm Davies
General Overview
Malcolm’s principle areas of practice include professional liability, product liability, aviation, and other areas of Insurance and Transport law. He is also recognised as an expert in the area of professional negligence and indemnity, having represented professionals ranging from architects to financial planners and physiotherapists.
He has over thirty years experience managing litigious claims across NSW, all Australian States as well as the Pacific Islands and his expertise traverses the insurance, international trade and transport as well as commercial dispute resolution practice groups.
Malcolm also has a special interest in aviation litigation and is one of Australia’s most experienced lawyers in this field. He has advised aviation insurers on a wide range of air line crashes and acts for leading airlines around the world. His recent experience also includes notable matters such as the deep vein thrombosis and the passive smoking case (Cameron v Qantas).
Relevant Experience
- Professional liability: Malcolm has acted for architects, engineers, lawyers, financial planners, hospitals, physiotherapists, pathologists and associated health professionals in actions for breach of professional duty.
- He has also represented clients of lawyers, medical practitioners and accountants in such actions.
- Malcolm is also has particular experience in acting for architects in respect of complaints to professional associations or bodies administering disciplinary powers.
- Aviation: Malcolm has acted for airline and aviation insurers in a wide variety of actions including air crash litigation. He has provided advice in the following air crashes or incidents;
- Lauda Air crash 1991, Ban Nong Rong, Thailand
- Fiji Air crash 1992, Nausori Fiji
- HeviLift crash, 1997 Porgera PNG
- HeviLift cyanide spill 2000, Tolakuma PNG
- Monarch Airlines crash 1996, Young
- Seaview Airlines crash 1994, Tasman Sea
- Malcolm has acted for the insurers of Lauda Air, MEA, American, Continental, Delta, Hawaiian, SAM, Gulf Air, Kuwait Airlines, Olympic Airways, Austrian Airlines, Qantas, Air New Zealand and Air Pacific in various claims. He was involved in two notable cases, the passive smoking case (Cameron v Qantas airways) and the deep vein thrombosis cases.
- Product liability: he has also provided advice, defence and management strategies for insurers covering a whole variety of products, including;
- Medical devices
- Tyres
- Enamels
- Potting mix
- Chemicals
- Consumer products
- General: Malcolm has also represented insurers in claims including policy disputes, coronial inquests and inquiries.
- Rail & Road: Malcolm has also represented clients on road and rail transport matters including the National Rail accident at Robertson in 1998.
- Sexual abuse: Malcolm also has experience in advising various bodies and religious organisations on issues of sexual abuse, including the management of claims, defence and general strategic advice.
Professional Memberships and Associations
- Past president of the Aviation Law Association of Australia and New Zealand.
Education
- LLB, University of Sydney