Malcolm Gracie

Admission Dates:

Solicitor: 1988
Barrister: 1988


Macquarie University BA
Macquarie University LLB (Hons)

Malcolm Gracie has practised continuously and exclusively as a barrister since his admission to the New South Wales Bar on 20 December 1988. He has appeared as an advocate in all levels of Federal and State Courts in New South Wales. He currently specialises in advocacy and advisory work in building and construction law, commercial law, equity and trade practices.

Malcolm Gracie’s practice is both extensive and varied. His experience extends into many areas of practice, which has involved him in particularly noteworthy appearances in the High Court of Australia in cases involving trade practice and industrial law. He is also briefed to appear in the Land and Environment Court of New South Wales on a range of matters in that jurisdiction including development appeals and defended prosecutions. He has appeared in the Supreme Courts of the Australian Capital Territory, Queensland and Western Australia.

Malcolm Gracie is a Chartered Arbitrator and has been a Fellow of the Chartered Institute of Arbitrators (Australian Branch) since 1997. He is a member of the Institute of Arbitrators and Mediators Australia (IAMA) and has been accredited as a Grade 1 Arbitrator. He has been appointed to the District Court Panel of Arbitrators since 1998. He is also an approved Arbitrator with the New South Wales Bar Association.

He is also a member of the New South Wales Naval Reserve Legal Panel with the rank of Lieutenant Commander. He specialises in administrative law, including appearing in Commissions of Inquiry.

Recent Cases

Recent briefs have included two major commercial arbitrations on behalf of the State of New South Wales for the NSW Crown Solicitor and Forestry Commission of New South Wales in proceedings under the current and former Commercial Arbitration Acts (NSW). The arbitrators were the Hon A M Gleeson AC and the Hon K Lindgren AM QC respectively.

Other cases include:

  • Walton Construction Pty Ltd v Illawarra Hotel Company Pty Ltd [2011] NSWSC 534; [2011] NSWSC 594; [2011] NSWSC 952 (Einstein J and McDougall J); and on appeal [2013] NSWCA 6; [2013] NSWCA 211; [2014] NSWCA 130.
  • Lane Cove Council v Michael Davies Associates Pty Ltd and Belmadar Pty Ltd [2012] NSWSC 727 (Sackar J)
  • Complex application concerning section 36 in Part IV of the Civil Liability Act in Owners Corporation SP 62660 v Jacksons Landing Development Pty Ltd [2011] NSWSC 415 (Ball J)
  • De Bortoli Wines Pty Ltd v HIH Limited (In Liquidation) [2011] FCA 645 and [2012] FCAFC 28.


NSW Bar Association
Bar of the United Kingdom – Honourable society of Lincolns Inn
Amnesty International
Fellow of the Chartered Institute of Arbitrators (Australian Branch)
Institute of Arbitrators and Mediators Australia (IAMA)


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