Simon McGregor (B.A., LL.B.) has nineteen years’ trial experience that combines statutory jurisdictions with knowledge of common law and equitable doctrines. He has been at the forefront of developing proceeds of crime and human rights law in Victoria. His work has recently dealt with:
- confiscation of criminal assets or proceeds of crime, crimes compensation, and contempt of court;
- ex parte applications such as injunctions and freezing orders, tracing;
- torts (including professional negligence and personal injury);
- administrative law (merits and judicial review), guardianship, specialist or disciplinary tribunals; and
- breaches of confidentiality and estoppel;
- commercial law, trusts and real property;
- coronial inquests, royal commissions, ombud investigations and other inquiries;
- human rights law and discrimination.
In addition to his litigation experience, he has conducted mediations, human rights training with private law firms and government departments, and advised on commercial and not-for-profit sector transactions. He has held retainers involving policy and law reform matters.
He was admitted to practice in 1994 and signed the Bar role in 1997, reading with His Honour Justice Jack Forrest.
Simon is a member of the Law Council of Australia’s Anti-Money Laundering working group and both the Supreme Court and County Court’s Confiscation List Users Group. He is also on the Common Law Bar Association Committee and is Co-convenor of the Victorian Bar Charter of Human Rights Discussion Group.
His readers include Anna Forsyth, Gideon Boas, Penny Harris, Max Hume, Daniel Nguyen and Eamonn Kelly. He is also a mentor with the Indigenous Lawyers Committee.
Recent significant cases:
Pereira v Psychology Board of Australia  VCAT 1882 (with Freckelton QC): Specialist Endorsements and Transitional schemes in uniform national laws.
Lam v AFP  VSCA 9 (with Moses SC) and at the first instance in AFP v Lam  VCC (with Lyon QC). Coercive examination orders. Legitimate forensic purpose.
ACN 131 110 220 Pty Ltd v Lakic  VCC 725: Solicitor’s conditional fee agreement upheld, overwhelming majority of solicitor’s negligence claim resisted.
Lakic v Prior  VSC 293: Overwhelming majority of solicitor’s negligence claim resisted, and set off for unpaid professional fees allowed. Alleged Baltic Shipping damages subject to Wrongs Act thresholds.
Agresta v AFP  VCC: Exclusion applications by parents of drug trafficker refused on the basis of circumstantial evidence and poor credibility. Pecuniary Penalty Order made as well.
AFP v Wang & Ors  VSC 243: Coercive examination orders under the Proceeds of Crime Act 2002 made, evidentiary foundations considered.
2016: Obtained coercive examination orders, with costs, under the Proceeds of Crime Act 2002 (Cth) in suppressed proceedings in the County Court.
Victorian Ombudsman, Investigation of a protected disclosure complaint regarding allegations of improper conduct by councillors associated with political donations : appeared on behalf on an exonerated subject of the investigation. Privilege against self–incrimination during coercive processes.
2015: Various appearances in suppressed proceedings:
· in the Supreme Court of Victoria, and
· before the Royal Commission on Institutional Responses to Child Sex Abuse
Dental Board of Australia v Ham (Review and Regulation)  VCAT 1534 (opposed to Freckelton QC): Appeared on behalf of the Board in a multi-factorial breach case.
Death in Custody Inquest re Singh [2014/ 867]: Counsel Assisting the Coroner in relation to a suicide in an immigration detention centre.
Application by the Australian Federal Police (No.2)  VSC 191 (with Rapke QC): ex parte Restraining Order, Extraterritorial effect of legislation, Money in foreign bank accounts.
Qing Zhao and Xing Jin v The Commissioner of the Australian Federal Police  VSCA 137 (with D. Neal QC), Jackson v AFP  VCC, AFP v Safadi  VCC 2057: Stay applications where concurrent criminal and civil proceedings.
Robert Cochrane Kindergarten v Free Kindergarten Association  VSC (with J. Gleeson QC): Constructive trusts, equitable estoppel, injunctions and complex compensation issues involving the ownership and use of land by not-for-profit associations over a 90 year period. Settled at second mediation.
AFP v Barbaro  VCC per McInerney J: Proceeds of Crime, Organised crime, largest Pecuniary Penalty Order made in Australia.
Pickering v Killians Walk Owners Corporation  VCC 1206 : Occupier liability claim, Wrongs Act thresholds, case management.
Parolee Murders Inquest re Burton & Hawkins  : Counsel Assisting the State Coroner in relation to the parolee murders, involving suppression, redaction and publication orders.
Kerang Level Crossings Inquest re Long, Parker, Stubbs & Lee  : Counsel representing the Department of Health in relation to the emergency medical response.
McMunn v DPP  VSCA 330, (with M. Derham QC) McMunn v DPP (Vic)  VSC 44 : Fraud, equitable tracing, indefeasibility of title, and proceeds of crime.
R J E v Secretary to the Department of Justice  VSCA 265 (with G. Thomas QC): First Victorian Charter case heard by the Court of Appeal. Right to liberty, freedom of movement and right to privacy arising from Extended Supervision Orders.
Metcalfe v Commonwealth of Australia  VSC 105 (with J. Richards QC): Complex economic loss, limitation period, estoppel and psychological Injury.
“Refusal of potentially life-saving treatment for minors: The emerging international consensus by courts” Journal of Law and Medicine, Vol 23/4, June 2016. Comparative law piece on the parens patriae jurisdiction, co-authored with Dr Ian Freckelton QC.
“In Support of Redress for Survivors of Institutional Child Abuse”, position paper for The Victorian Bar, October 2015, co-authored with Dr. Gideon Boas.
“Commentary on the Lawyers’ Guide to Preventing Money Laundering”, Law Council of Australia, October 2015, co-authored with Christian Juebner.
“Coronial Law and Practice: a human rights perspective”, Journal of Law and Medicine, Vol 21/3, March 2014.
“Human Rights and Review of the Involuntary Status of Patients with a Mental Illness: Kracke after Momcilovic”, Psychiatry, Psychology and Law, Vol 17(2), May 2010, 173-186., co authored with Dr Ian Freckelton QC.
“Public Authorities under the Charter of Human Rights and Responsibilities”, Law Institute Journal, Vol 82.06, June 2008, at p.62.
“The Charter of Human Rights and Responsibilities: A Practitioner's Guide”, Victorian Bar CLE paper, 9 August 2007, co-authored and presented with Brian Walters QC.
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