Malcolm Maitava

Experienced Legal, Compliance, and Management Professional
Port Moresby, PG.

About

Highly accomplished and results-oriented legal professional with over two decades of experience across civil/criminal litigation, compliance, and alternative dispute resolution. Proven ability to excel in fast-paced environments, leading cross-functional teams and implementing robust governance frameworks to drive organizational productivity and achieve critical legal outcomes. Adept at strategic negotiations, stakeholder management, and ensuring regulatory adherence, poised to leverage extensive legal expertise in a challenging leadership or advisory role.

Work

Self Employed Trader
|

Trader

Remote, Papua New Guinea, Papua New Guinea

Summary

Independently managed and executed commodity trading strategies across internet-based platforms, focusing on market analysis and risk assessment.

Highlights

Engaged in active trading of diverse commodities, leveraging internet-based platforms to identify and capitalize on market opportunities.

Conducted comprehensive assessments of future contracts, options, and Contracts for Difference (CFDs) to inform strategic investment decisions.

Collaborated with a network of fellow speculators, exchanging insights and refining trading methodologies to optimize outcomes.

Santos Foundation Limited
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Contracts Leads

Port Moresby, NCD, Papua New Guinea, Papua New Guinea

Summary

Managed end-to-end contractor and supplier processes, ensuring compliance and strategic alignment for Santos Foundation Limited.

Highlights

Directed the prequalification and accreditation process for contractors and managed supplier setup, ensuring strict adherence to Santos' internal procedures.

Provided critical support and active participation in the Invitation to Tender (ITT), Request for Quotation (RFQ), and Expression of Interest (EOI) processes, including negotiations and award.

Developed and implemented contract strategies in close collaboration with contract owners and end-users, optimizing procurement outcomes.

Coordinated effectively with external partners and suppliers on contract-related matters, including the drafting of comprehensive contracts.

Liaised with key stakeholders, including the Santos legal and procurement teams, to ensure seamless contract management and compliance.

Independent Consumer and Competition Commission
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Investigator (Product Safety Officer)

Port Moresby, NCD, Papua New Guinea, Papua New Guinea

Summary

Led investigations and ensured regulatory compliance in product safety, maintaining robust governance frameworks.

Highlights

Conducted thorough investigations and implemented governance and regulatory affairs policies and frameworks for product safety, ensuring compliance.

Managed litigation processes, including review and drafting of Court Documents, Deed of Settlements, contracts, and Memorandums of Agreement.

Maintained vigilance on changes to governance, audit, consumer protection, ethics, and regulatory requirements for declared goods.

Oversaw and managed critical registers to ensure full compliance with Acts, statutes, and corporate governance requirements, including gift, interest, delegation, authorization, and appointment registers.

Supported the Corporate Secretary in achieving compliance and risk management objectives, maintaining comprehensive record-keeping for governance and regulatory matters.

Independent Consumer and Competition Commission
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Legal Officer (formerly Paralegal Officer)

Port Moresby, NCD, Papua New Guinea, Papua New Guinea

Summary

Progressed from Paralegal to Legal Officer, providing critical legal advice, prosecuting cases, and ensuring regulatory compliance for the Commission.

Highlights

Successfully closed 8 of 11 litigation matters under my carriage in 2023, recovering outstanding fees owed to the State through Price Measure No.11 of 2022, leveraging strong negotiation and dispute resolution skills.

Prepared comprehensive documentation for prosecution matters against defaulting traders and litigation, ensuring robust legal arguments.

Drafted critical Policy and Regulatory Obligation Registers for national infringement notices and non-compliance, enhancing regulatory oversight.

Provided crucial corporate and general legal advice, ensuring the Commission's operations remained compliant with relevant legislation and industry standards.

Contributed to strategic planning for regulatory compliance across PNG's companies and industries, utilizing exposure to the Integrated Electronic Case Management System (IECMS).

Henaos Lawyers
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Professional Legal Assistant

Port Moresby, NCD, Papua New Guinea

Summary

Provided comprehensive legal support across diverse practice areas, including research, drafting, and client management.

Highlights

Conducted extensive legal research and provided advice across commercial, criminal, contracts, debt recovery, judicial review, company, private prosecution, insurance, banking, land, and constitutional law.

Drafted and filed pleadings effectively in the National and Supreme Court Registries, ensuring timely and accurate submission of legal documents.

Analyzed, prepared, researched, and drafted a wide range of legal documents, including briefs, Wills, agreements, leases, memorandums of understanding, contracts, and conveyances.

Successfully obtained probate in the name of the trustee for a key client, demonstrating strong legal drafting and procedural execution.

Managed client interactions, obtaining detailed instructions to support case development and legal strategy.

Gibson & Company
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Lawyer

Labasa, Fiji, Fiji

Summary

Handled diverse legal work from advisory to litigation, focusing on document drafting and compliance procedures.

Highlights

Engaged in various aspects of legal work, providing advisory and litigation support across criminal, family, commercial, judicial review, domestic violence, and employment law.

Drafted and vetted a broad range of legal documents, including contracts, commercial agreements, company memorandums, trust instruments, tenancy agreements, leases, wills, conveyancing documents, Bills of Sales, MOUs, and joint ventures.

Managed compliance and prosecution procedures, ensuring adherence to legal standards and firm protocols.

Conducted investigations and interviewed clients to develop robust strategies for court proceedings.

Provided consultations to communities on legislative processes, and engaged in negotiations, mediation, and ADR for criminal, commercial, and family matters.

Office of the Director of Public Prosecutions
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State Prosecutor

Suva & Labasa, Fiji, Fiji

Summary

Managed criminal litigation, provided legal advice, and drafted complex charges, ensuring successful prosecution outcomes.

Highlights

Successfully prosecuted and secured convictions in numerous complex criminal cases, including murder, manslaughter, rape, fraud, abuse of office, theft, robbery with violence, and money laundering, demonstrating high success rates in court (e.g., The State & Penaia Valevesi, The State & Eparama Niume, Joveci Naika & Apenisa Lino).

Drafted comprehensive legal submissions for the Fiji Court of Appeal and conducted leave appeal hearings before the full court, contributing to appellate successes.

Coordinated and compiled criminal briefs for Alternative Dispute Resolution (ADR) and negotiation purposes, streamlining case resolutions.

Provided expert advice to Police on investigation procedures, interviewing techniques, and prosecution strategies, enhancing law enforcement effectiveness.

Delivered and evaluated Continuing Judicial Educational Programs for State Prosecutors, Police Prosecutors, and Judiciary, contributing to professional development and legal standards.

Legal Aid Commission
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Senior Legal Officer / Divisional Manager

Suva & Labasa, Fiji, Fiji

Summary

Managed the Labasa Divisional Office, provided legal aid counsel, and implemented strategic initiatives to expand services and improve operational efficiency.

Highlights

Successfully defended clients in complex criminal cases, including murder, manslaughter, and treason, achieving favorable outcomes; notably, created a criminal defense precedent for 'battered wife syndrome' now accepted by Fiji Courts.

Lobbied for and secured Board approval for the expansion of the Labasa Divisional Office team, increasing staff from two to four by the end of 2007 to meet growing demand for legal aid services.

Managed day-to-day supervision and administration of the Legal Aid Commission office in Labasa, leading a cross-functional team of 3 staff members, including one legal officer.

Oversaw procurement management for the divisional office, including sourcing, negotiation, purchasing, and record-keeping, ensuring efficient operations and compliance.

Appeared as Legal Aid Counsel in Magistrate Courts, High Courts, and during Military Court Martial proceedings for soldiers charged with mutiny, demonstrating broad courtroom experience.

QB Bale & Associates
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Associate

Suva, Fiji, Fiji

Summary

Provided comprehensive legal services to clients, including research, litigation, and dispute resolution across various legal domains.

Highlights

Undertook diverse legal work, including taking client instructions, providing corporate client advice, and participating in negotiations, assessing brief liability.

Conducted extensive legal research and actively participated in mediation and dispute resolution for industrial disputes.

Managed civil, commercial, and family litigation, including debt recovery processes, judicial review applications, contracts, and personal injury matters.

Drafted and vetted a wide range of legal documents, such as contracts, commercial agreements, company memorandums, trust instruments, tenancy agreements, and Wills.

Represented clients in all Court appearances in Magistrate Courts, High Court, and Chambers matters before Judges and Deputy Registrars.

Education

University of the South Pacific
Suva, Fiji, Fiji

Professional Diploma in Legal Practice (PDLP)

Legal Practice

University of the South Pacific
Port Vila, Vanuatu, Vanuatu

Bachelor of Law Degree (LLB)

Law

Languages

English
Pidgin
Fijian
Hindustani

Certificates

Online Training Modules (Communication Skills, Corporate Responsibilities, Safety & Compliance, Gender Equality, Domestic Violence, Confidentiality, Online Harassment, Conflict of Interests)

Issued By

Independent Consumer and Competition Commission

Appellant Advocacy

Issued By

Office of Public Prosecutions (Fiji)

Legal Skills

Issued By

Office of Public Prosecutions (Fiji)

Domestic Violence

Issued By

Office of Public Prosecutions (Fiji)

Expert Evidence

Issued By

Office of Public Prosecutions (Fiji)

Prosecuting Fraud and related applications

Issued By

Office of Public Prosecutions (Fiji)

Recovery, Confiscation and Forfeiture of Proceeds of Crime

Issued By

Office of Public Prosecutions (Fiji)

Understanding Money Laundering and Proceeds of Crime

Issued By

Office of Public Prosecutions (Fiji)

Workshop on Money Laundering Law and Procedure

Issued By

Office of Public Prosecutions (Fiji)

Criminal Procedure Trial advocacy

Issued By

Office of Public Prosecutions (Fiji)

Beyond the caution interview and Advocacy

Issued By

Office of Public Prosecutions (Fiji)

General Offences and procedures

Issued By

Office of Public Prosecutions (Fiji)

Prosecuting Juvenile offenders

Issued By

Office of Public Prosecutions (Fiji)

Prosecutorial ethics

Issued By

Office of Public Prosecutions (Fiji)

Gender Crime and practice

Issued By

Office of Public Prosecutions (Fiji)

Dealing with witnesses

Issued By

Office of Public Prosecutions (Fiji)

Litigation Skill Program (PILOM)

Issued By

PILOM

Admitted to the High Court of Fiji

Issued By

High Court of Fiji

Skills

Legal Expertise

Civil Litigation, Criminal Litigation, Commercial Law, Family Law, Judicial Review, Debt Recovery, Insurance Law, Banking Law, Land Law, Constitutional Law, Contract Law, Probate Law, Domestic Violence Law, Employment Law, Product Safety Law, Money Laundering Law, Juvenile Justice, Gender Crime Law.

Legal Processes & Documentation

Legal Research, Legal Drafting, Pleadings, Court Documents, Deed of Settlements, Memorandum of Understanding (MOU), Contracts, Agreements, Leases, Wills, Conveyancing, Bill of Sales, Policy Development, Regulatory Obligation Register, Case Management, Online Case Management (IECMS), Prosecution Documentation, Tender Documentation (ITT, RFQ, EOI).

Compliance & Governance

Regulatory Compliance, Corporate Governance, Risk Management, Audit Trail Maintenance, Internal Business Approvals, Delegation of Authority (DOA), Functional Reviews, Compliance Monitoring, Record Keeping, Ethics, Consumer Protection.

Dispute Resolution & Negotiation

Alternative Dispute Resolution (ADR), Mediation, Negotiation, Out-of-Court Settlements, Trial Advocacy, Client Consultation.

Management & Leadership

Team Leadership, Project Management, Strategic Planning, Stakeholder Management, Procurement Management, Time Management, Staff Appraisals, Budget Management, Reporting (Quarterly, Monthly), Process Improvement, Cross-functional Collaboration.

Investigations & Analysis

Investigations, Evidence Scrutiny, Analytical Thinking, Problem-Solving, Due Diligence.

Software & Applications

Microsoft Word, Microsoft Outlook, Microsoft Excel, Microsoft PowerPoint, Adobe Applications, Coupa, SAP, IECMS (Integrated Electronic Case Management System).

Soft Skills

Interpersonal Communication, Presentation Skills, Public Relations, Coalition Building, Multi-cultural Experience, Proactive Self-starter, Initiative, Personal Responsibility, Ownership, Attention to Detail, High-Pressure Environments.

References

Mr. Jason Sirue

Corporate Secretary/Legal Counsel – Independent Consumer and Competition Commission

Mr. Loani Ravu Henao

Principal of Henaos Lawyers

Mr. Steven Paisi

Lawyer, NASFUND

Mr. Ratu Josaia Niudamu

Principal of Niudamu Law – Assistant Minister of Justice, Ministry of Justice, Government of Fiji

Ms. Selina Kuruleca

Permanent Secretary of Justice, Government of Fiji