Margaret Maloney is a highly-experienced barrister with extensive experience across a range of advocacy areas. She has appeared before a range of courts and tribunals including the Magistrates, District and Supreme Courts; the Family Court, Industrial Court, Mental Health Court and Review Tribunal, the Coroner’s Court and the Children’s Court.
Margaret joined Crown Law in 1987 and is the only officer in Crown Law approved to appear as counsel in substantial hearings under the Dangerous Prisoners (Sexual Offenders) Act 2003. She has been involved in management and supervision of all dangerous prisoner matters commenced under the legislation since Robert John Fardon, the first person to remain in custody past his original release date on a continuing detention order under the Act. Margaret is a member of the Serious Offender and Dangerous Offender Assessment Committee which makes recommendations regarding whether to commence proceedings for these offenders.
Over the past 24 years, Margaret has successfully conducted some of the State’s most complex cases. She is recognised as the government’s experienced adviser on family law issues, ranging from matters under the Child Protection Act 1999 to applications to the Family Court under the Hague Convention on international child abduction.
- Representing the Attorney-General and acting as instructing solicitor for the Solicitor-General in the High Court challenge to the legislation in Fardon v Attorney-General (Qld) (2004) 223 CLR575. The court rejected the challenge and found the legislation to be constitutionally valid.
- Representing the Attorney-General in the ongoing matter of Darren Anthony Francis, a violent sex offender who made a failed application to the Court of Appeal in mid-2008 to challenge the validity of Queensland's sex offender legislation.
- Membership of the Serious Offender and Dangerous Offender Assessment Committee which makes recommendations regarding continued detention or release applications for these offenders.
- Representing the Attorney-General and acting as instructing solicitor for the Solicitor-General to successfully mount a challenge in Queensland’s highest court to overturn a decision that convicted sex offender, Robert John Fardon was fit for supervised release from custody.
- Representing the Attorney-General in cy pres charitable trust applications before the Supreme Court of Queensland.