Simon takes a strategic and diligent approach to legal problems. He appears widely in State and Federal Courts at all levels. He has mediation experience both as mediator and counsel.
Examples of experience include:
Commercial Law- claims in commercial transactions including - contracts, commercial trading trusts, partnership disputes, injunctions, enforcement of judgments, subpoenas and other interlocutory applications- shareholder oppression proceedings.
Property Law- Appearances and advice on sale of land - Commercial leases - Restrictive covenants and easements - removal or modification - adverse possession - mortgage and transactional disputes - Body corporate disputes - Co-ownership disputes.
Trusts- Litigation and construction of trust instruments, acting for both trustees and beneficiaries.T rading trusts, superannuation trusts and testamentary trusts. Advice and litigation concerning the Settled Land Act 1958 see Unsettling Repercussions, Law Institute Journal, LIJ 84.1/2, February 2010.
Wills and Probate- Family Provision claims - executor disputes including removal applications - contested probate applications: capacity, undue influence and revocation - applications for judicial directions under Order 54.
Bankruptcy & Insolvency- acting for creditors and debtors in bankruptcy petitions - advice and appearances on statutory demands- unfair preference claims under the Corporations Act 2001.
Building and Construction-Domestic and commercial disputes in VCAT and state Courts for both builders and owners.
Employment Law- Acting for employers in general protections and unfair dismissal procedings - Restraint of trade
Administrative Law- Appeals on questions of law from VCAT and Magistrates' Court - Merits and judicial review of administrative decisions - Superannuation reviews including Federal Court appeals on an error of law - Social Security reviews, appeals and advice.
