PROFILE

Full Name: Simon K McGregor
Email: skm@vicbar.com.au
Phone:+61 3 9225 6439
LinkedIn:
Chambers: William Crockett Chambers
Room: Level 6
Date of Admission: 2 May 1994
Called to the Bar: 22 May 1997
Qualifications: BA, LLB

Profile

Simon McGregor (B.A., LL.B.) has eighteen 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;
  • breaches of confidentiality and estoppel;
  • commercial law, trusts and real property;
  • coronial inquests, royal commissions, ombud investigations and other inquiries;
  • torts (including professional negligence and personal injury);
  • administrative law (merits and judicial review), guardianship, specialist or disciplinary tribunals; and
  • 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 the 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 and Daniel Nguyen.  He is also a mentor with the Indigenous Lawyers Committee.

 

Recent significant cases:

 Victorian Ombudsman, Investigation of a protected disclosure complaint regarding allegations of improper conduct by councillors associated with political donations [2015]:  appeared on behalf on an exonerated subject of the investigation.  Privilege against self –incrimination during coercive processes.

 

2015: 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) [2014] 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) [2014] 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 [2014] VSCA 137 (with D. Neal QC), Jackson v AFP [2013] VCC, AFP v Safadi [2013] VCC 2057: Stay applications where concurrent criminal and civil proceedings. 

Robert Cochrane Kindergarten v Free Kindergarten Association [2013] 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 [2013] VCC per McInerney J: Proceeds of Crime, Organised crime, largest Pecuniary Penalty Order made in Australia.

Pickering v Killians Walk Owners Corporation [2013] VCC 1206 : Occupier liability claim, Wrongs Act thresholds, case management.

Parolee Murders Inquest re Burton & Hawkins [2013] : Counsel Assisting the State Coroner in relation to the parolee murders, involving suppression, redaction and publication orders.

Death in Custody Inquest re Omerovic [2013] : Counsel representing the Department of Justice regarding risk assessments and accommodation decisions for prisoners with psychiatric conditions.

Kerang Level Crossings Inquest re Long, Parker, Stubbs & Lee [2012] : Counsel representing the Department of Health in relation to the emergency medical response.

McMunn v DPP [2010] VSCA 330, (with M. Derham QC)  McMunn v DPP (Vic) [2009] VSC 44 :  Fraud, equitable tracing, indefeasibility of title, and proceeds of crime.

R J E v Secretary to the Department of Justice [2008] 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 [2006] VSC 105 (with J. Richards QC):  Complex economic loss, limitation period, estoppel and psychological Injury.

McFadzean v Construction, Forestry, Mining & Energy Union [2004] VSC 289 (with J. Burnside QC):  Long trial, intentional infliction of mental distress, assault, and economic torts.

 

Legal Writing:

“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 SC.

“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 SC.

 

View / Print Simon McGregor's profile.  

Areas of Practice

Common Law/Personal Injury

  • Appellate
  • Dust Diseases
  • Insurance - disability claims
  • Intentional Torts
  • Judicial Review - motor accident
  • Judicial Review - workers compensation
  • Motor Vehicles
  • Negligence
  • Professional Negligence
  • Work Injury Damages
  • Workers Compensation

Commercial

  • Appellate
  • Bankruptcy
  • Building and Construction
  • Consumer Protection Law
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations Law
  • Insurance
  • Professional Liability
  • Real Property
  • Restraint of Trade
  • Securities and Investments
  • Superannuation
  • Transport Law - Admiralty/Aviation/Maritime

Public/Administrative

  • Appellate
  • Civil and Human Rights
  • Constitutional Law
  • Disciplinary Proceedings
  • Discrimination
  • Extradition
  • Judicial Review and administrative law
  • Liquor Licensing
  • Merits Review
  • Social security and veterans' entitlements
  • Privacy/Freedom of Information
  • Proceeds of Crime

Criminal

  • Extradition
  • Fraud
  • Proceeds of Crime/Money Laundering
  • Property Offences
  • White Collar and Corporate Crime
  • Work Health and Safety

Equity

  • Appellate
  • Family Provision
  • Real Property
  • Trusts
  • Wills and Probate

Industrial/Employment

  • Discrimination
  • Employment Contracts and Restraint of Trade
  • Work Health and Safety

Inquests/Inquiries

  • Commisssions and other inquiries
  • Coronial Inquests

Committee Memberships

  • Common Law Bar Association Committee
From 1 Jul 2008, liability limited by a scheme approved under Professional Standards Legislation.


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