Area of expertise

Insurance Law

  • Workers Compensation
  • Alternative Dispute Resolution
  • Commonwealth Discretionary Compensation Schemes
  • Legislative Development and Projects
  • Litigation
  • Military Law
  • Pro Bono

Commercial Law

  • Commercial Litigation & Dispute Resolution
  • Workplace
  • Administrative Law
  • Advocacy

Scott Moloney

Partner Dip Law, GDLP

office Canberra
phone +61 2 6210 4225
email smoloney@moray.com.au

Scott has extensive administrative law and Commonwealth government experience. He has worked in private practice for the past 13 years providing advice and litigation services to his clients on the full range of administrative law issues including statutory interpretation, procedural fairness, administrative inquiries, merits review and judicial review applications and Freedom of Information and Privacy Act issues.

Scott is familiar with the operation of the Legal Services Directions and is mindful of the Commonwealth’s Model Litigant obligations when conducting litigation on behalf of his clients. Scott has developed a pragmatic and sensible approach to resolving disputes and has been praised for his innovative and enthusiastic use of alternative dispute resolution techniques.

Scott is a keen advocate and regularly appears on behalf of his clients in appropriate cases to argue interlocutory applications and substantive hearings in the Administrative Appeals Tribunal and Federal Courts.

Scott has worked in a number of Commonwealth Departments and Agencies over the past several years whilst on secondment and this experience has given him a unique insight into the issues facing his clients in the conduct of their day to day business and portfolio responsibilities

A Legal Officer in the Royal Australian Navy Reserve, Scott regularly provides advice to Command and individual Australian Defence Force members in relation to a wide range of legal issues including administrative law issues, legislative projects and criminal law matters. He is also an active participant in the firm’s pro bono programme.

Major matters

  • Acted for Commonwealth government clients in complex claims for compensation involving Discretionary Compensation Mechanisms including the CDDA scheme, Act of Grace payments and Ex-gratia payments
  • Advised on a number of significant legislative development projects for the Department of Defence including preparing cabinet submissions, drafting instructions for the Office of Parliamentary Counsel in relation to the preparation of Bills and drafting instructions for the preparation of subordinate legislation including regulations, determinations and declarations
  • Scott has acted in hundreds of applications for merits review in relation to decisions to deny liability for statutory entitlements pursuant to the Safety, Rehabilitation and Compensation Act 1988 (the Comcare scheme), and the military-specific compensation scheme, the Military Rehabilitation and Compensation Act 2004. Scott is also experienced in defending judicial review applications in the Federal Courts, particularly in relation to decisions made under the Migration Act 1958 and Migration Regulations 2004.

Professional Membership

  • ACT Law Society
  • Australian Corporate Lawyers Association
  • Australian Institute of Administrative Law
  • Australian Insurance Law Association
  • Law Council of Australia (Federal Law Committee)
  • Law Society of New South Wales
  • Royal Australian Navy Reserves