Malcolm Wood

Full Profile

Malcolm has been admitted as a lawyer since 2008 and has extensive experience advising clients in corporate, M&A, commercial transactions, and complex litigation. Malcolm delivers clear, pragmatic and commercially focused solutions.
 
In his corporate practice, Malcolm guides clients through mergers and acquisitions, including share sales,  purchases, company buy backs (including selective buy backs), asset
purchases, and transitional service arrangements.
 
He is also instructed by clients in relation to:

• establishment and structuring;
• corporate governance matters (such as shareholders’ agreements and constitutions, and fundraising such as via debt, equity, and convertible notes);
• option agreements and intellectual property licensing arrangements;
• various commercial arrangements, including construction contracts, independent contractor agreements, terms of use, terms of trade, sponsorship agreements, licensing agreements, and grant agreements with private entities, governments, not for profits and charities;
• exits of shareholders, regulatory and liquidator’s investigations (including advice to directors and officers in association with risks and exposure). 

 
Malcolm’s corporate, M&A and commercial experience is cross-sector and cross-industry. He is instructed by medium to large private entities, large multinationals, listed entities, not-for-profits and charities.
 
Malcolm also has a considerable depth of experience in complex litigation and insurance, and has acted in high-profile disputes across multiple jurisdictions, including class actions and claims involving professional indemnity, directors’ and officers’ liability, management liability, warranty and indemnity, financial institutions, and construction. 
 
His litigation and insurance experience includes large and publicised legal proceedings, including (but not limited to) legal proceedings arising from the Westpoint and Storm Financial collapses, Bendigo and Adelaide Bank class actions, Opal Towers class action, and the Nuix and Virgin Australia proceedings.
 
Malcolm is admitted to practice in the Supreme Court of New South Wales and the High Court of Australia and is a registered foreign lawyer with the Law Society of England and Wales.

Experience

A selection of some of the breadth of Malcolm’s experience is as follows:

• Providing guidance, direction and advice in the sale of an insurance brokerage business to a leading insurer, achieving significant uplift in pricing mechanisms for the client. 
• Drafting transaction documents and giving advice on sell-side in relation to the sale of a listed fertility business and three private hospitals.
• Reviewed and updated intra-group intellectual property licensing agreements for a major Australian insurer to protect critical technology assets. 
• Drafting and negotiating shareholders’ agreements and capital raise documentation 
• Structured and documented the creation of an underwriting agency, including governance and debt financing arrangements to enable rapid market entry. 
• Drafting and advising upon the terms of directors’ and officers’ (D&O) policy wordings for a large Australian insurer entering the D&O market. 
• Drafted Terms of Use for bespoke technology / payment platform commissioned by large corporate trustee operating in Australia.
• Provided regulatory advice to Australian and foreign insurers on compliance with the Australian insurance regime across private health, life, and general insurance. 
• Advising, representing and guiding directors and officers in the context of regulatory investigations (including those commenced by ASIC and liquidators).
• Acted in major class actions, advising company, directors and officers in association with complex allegations and large alleged losses.
• Acting on behalf of insurers and their insureds in professional indemnity (including construction), financial lines, D&O and warranties and indemnities claims in proceedings ranging in value between AUD50,000 and AUD750 million.