Simon specialises in commercial disputes work and leads our growing dispute resolution and litigation team. He predominately helps the firm’s long-standing commercial clients to avoid and resolve disputes in commercial and pragmatic ways.
His practice emphasises complex commercial disputes, including matters relating to the Corporations Act, restraints of trade, commercial construction, professional negligence, employment, insolvency and product liability claims. He is frequently engaged in relation to regulatory enforcement prosecutions, planning disputes and to act as an independent mediator.
In most cases Simon will be assisted by other members of the Dispute Resolution and Litigation Team, ensuring that complex disputes benefit from different perspectives and can be managed efficiently and cost effectively with appropriate delegation of work.
Examples of recent matters and experience include:
- Successfully acting for international investment company, Haboob Pte Ltd (Singapore) and its director, in connection with a joint venture dispute in the Federal Court – MJ & PT Gunningham Pty Ltd (Trustee) v Redpa Dairy Partners Pty Ltd (Trustee) and others [2022] FCA 1334.
- Advising national retail and manufacturing clients in relation the product warranties, regulatory obligations, liability for imported products, representations regarding product performance, and obligations to provide information in relation to third party claims. This advice is sometimes sought pro-actively, but often arises in the first instance after demands are received. Simon provides clients with advice that is designed to manage risk, particularly in relation to new or innovative products.
- Prosecuting various professional negligence claims for clients who have suffered losses caused by poor advice or services from accountants, architects, accredited NDIS assessors (disability housing), and agri-business consultants. These claims include disputes regarding construction projects, sale of business, dissolution of partnerships, and loss and damage suffered in the course of farming operations.
- Resolving numerous partnership disputes across various industry sectors, but with a significant number arising in connection with farming land and business. These disputes are often hard fought and difficult to resolve, sometimes involving close personal relationships, and always connected to land that has significantly increased in value in recent years. Through this work Simon has developed expertise in relation to partnership disputes and a detailed understanding of agri-businesses sector.
- Corporations Act disputes involving director duties, allegations of oppressive conduct, acting for liquidators in relation to insolvent trading claims, recovery of assets from directors, including real property transferred for under-value, claims of fraud in relation to the diversion of business to non-related entities.
- Enforcement of restraints of trade to protect confidential information and preserve our clients’ legitimate business interests. These matters frequently involve urgent action to obtain injunctions to prevent irreversible losses being incurred. Simon has acted in these matters in the Supreme Courts of Victoria, New South Wales and Queensland in recent times, and regularly provides risk mitigation advice to improve the prospects of enforcing these clauses.