Morgan McLay

Profile

Morgan's practice is focused on Common Law, Public law and regulatory/white-collar crime, including OHS and safety matters.

He is regularly briefed in class actions, inquiries, inquests and disciplinary matters. He has recently appeared in the following matters:

2024/2025 Class Actions 

Lombardo v DCSS (Cosmetic surgery class action relating to both claims in negligence and Australian Consumer Law) (junior to Mary Anne Hartley KC and Dean Guidolin SC)

5 Boroughs NY Pty Ltd v State of Victoria (junior to Dr Neal SC) (class action relating to allegations of negligence in the management of response to Covid-19)

 Significant/high profile litigation

The Queen v The Herald and Weekly Times Pty Ltd and Ors (junior to Dr Matthew Collins AM QC) (Contempt of court; breach of suppression order);

Inquest into the passing of Veronica Nelson 

Inquest into the deaths of residents of St Basi’s Home for the Aged

ICF v DHHS (junior to Chris Caleo KC) (Misfeasance in public office)

Royal Commissions

Royal Commission into Victoria’s Mental Health System: ( junior counsel to Claire Harris QC (as she then was) and with ors);

Royal Commission into Aged Care Quality and Safety (junior counsel to Claire Harris QC (as she then was) and with ors);

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (junior Counsel to Claire Harris QC and with ors).

Royal Commission into the Management of Police Informants (junior counsel to Brendan Murphy QC and with Kyle McDonald).

Morgan regularly acts for and against regulators and government departments in common law proceedings, inquests, administrative law and regulatory/safety matters.

His safety practice extends to inquests appearing for medical practitioners, police, government departments, health services and other interested parties (including families) and has assisted the coroner. These have often involved the cross over between state and federal safety regulation including product liability.  

A selection of Inquests of interest in which he has appeared include:

• The Thunderstorm Cluster Deaths Inquest; 
• Inquest into the death of S. Sofianopoulos – Carbon Monoxide Poisoning (product liability/safety affecting over 360,000 gas heaters in Victoria) - (junior to Stephen O’Meara QC); 
• A number of deaths in custody;
• Inquest into the death of M Halwala, Bleomycin lung toxicity as a result of chemotherapy.

Morgan takes a strategic and long term view of inquests and investigations through experience of often being retained in the civil litigation or regulatory matters that can follow.

He has also been involved or advised parties in relation to matters relating to sports law and gambling. He regularly appears in the VFL tribunal on behalf of the league and has also conducted appeals to the Appeal tribunal.

Morgan has an LLM from the Australian National University. In which he focused on Dispute Resolution, Insurance Law and Commercial Drafting.

Morgan can also assist in regulation, licensing bodies and disciplinary proceedings. He has a particular interest and experience in medico-legal work. He has defended and prosecuted doctors (and other allied health workers) and acted for them in disciplinary proceedings and other related matters. 

Morgan is happy to discuss with solicitors personally how he can assist, or contact can be made with one of the Greens List clerks to discuss directly Morgan's experience and capacity.