Consumer Protection, Negligence & General Litigation
Simon’s background prior to coming to the private bar includes the following career milestones –
- Simon maintains the position of co-author of the loose-leaf service on Civil Liability Australia with Richard Douglas QC and Gerry Mullins, as well as being co-author of the Annotated Civil Liability Legislation Queensland (1st edition to current 4th edition);
- Simon has provided numerous advices in building and construction law on major infrastructure projects, and conducted related litigation;
- He was counsel assisting the Honourable Bill Carter QC during his investigation of options for provision of a tailored service response to people with an intellectual disability who present with severely challenging behaviour and who are a significant risk of harm to themselves, their carers or the community in 2006 (Refer to “Challenging Behaviour and Disability – A Targeted Response” Report).
Simon has personally conducted actions up to and including trial in the Magistrates, District and Supreme Court jurisdictions, as well as regulatory and disciplinary tribunals, and/or advised in the following types of actions:
Writing and interpreting contracts from Australian Standard contracts – eg. Drafting both traditional build and design & construct contracts entered into for the entire construction of a harbour – negotiating on separate project involving construction of a boat ramp – advising on recovery options on consultant services contract on major infrastructure study; Advising on major construction infrastructure contract negotiations and disputes, including port developments (Magnetic Island), bridge constructions (Goodwill Bridge), and commercial building contracts.
Property damage claims
eg. Supreme Court- recovery for forestry products lost in fire – quantum estimate of loss at date of filing proceedings was $70 million.
Debt recovery actions
District Court – Workcover premium – successful judgment summons – negotiated a repayment agreement which resulted in complete recovery of the debt whilst allowing a company to remain solvent.
Real property disputes
Contractual dispute involving sale of four parcels of land for commercial development in Far North Queensland; adverse possession claims. See for example Re Johnson  2 QdR 502
Acting for senior departmental official in claims of defamation through publication of a “memorandum to file”.
Acting for plaintiff Dept in recovery against major bank under irrevocable order to pay; defending proceedings based upon commercial insurance principles and circuity of action; advising principle contractor on Deed of Company Arrangement implications for nine contracts with company under administration.
Subcontractors’ charges claims
Supreme, District and Magistrates Courts – drafting all documentation, including Notices and Affidavits, for payment into Court to utilise the discharge of liability provisions under legislation.
SALE OF GOODS
Successful conduct of trial claiming damages for breach of contract, with $2.45million sailing vessel found not to be of merchantable quality.
Succession, Wills & Estates
Simon has acted in a number of matters relating to claims for family provision out of deceased estates, providing advice to any of beneficiaries, executors of estates and potential claimants. He has also acted in claims by executors for recovery of property as part of getting in assets of an estate.
Obtaining interlocutory and final injunctions against persons involved in unconscionable or misleading conduct ;Obtaining interlocutory and final injunctive relief, and compensation orders, in actions involving unconscionable and/or misleading and deceptive conduct, particularly “land scams” involving second mortgages and “finance on 10% deposit”; seeking interlocutory injunctions and defending applications for interlocutory injunctions.
Advising whether fees claimed under regulations are fees for services or a tax, and if a tax whether it is invalid as an excise.
Queensland state lands disputes
Recovering possession of various portions of state lands, such as lakes or reserves, from squatters/trespassers.
Town planning and signage claims
Threatened Proceedings – placement of major advertising sign (18m high) upon land marked for major road infrastructure works – negotiated settlement.
Mortgage repossession work
Assisted clients seize a number of premises through both the Supreme and District Courts, as well as negotiating surrender of a parcel of 13 properties from a housing co-operative, including negotiations which big four bank as security provider. Drafting precedent documents for commencement, judgment and enforcement of such proceedings under the Uniform Civil Procedure Rules, 1999.
EDUCATION & SCHOOLS
Advising clients on expulsion of students from private schools; advising client on rights of students.
Advising clients on appeals to national and international disciplinary and appeal tribunals; advising international clients on use of courts for injunctive proceedings.