Simon Fuller

Simon practises in a broad range of matters in the areas of commercial, family, and public/administrative law.  Having a diverse litigation practice provides him with a strong understanding of the law, court-room advocacy, issues of evidence, and strategy. It also allows him a unique understanding of the intersections of different areas of the law.  He appears both led and unled in state and federal courts and tribunals at all levels in both original and appellate matters.

Commercial

He has given advice on and appeared in a wide variety of commercial matters including general contractual disputes, insurance-related matters, consumer law actions including misleading and deceptive conduct claims, retail and residential leases, franchising, insolvency, and Corporations Act claims.  He has also appeared in and given advice on tortious matters involving professional negligence and defamation. 

Simon acts in disputes involving industries such as legal, health-care, pharmaceuticals, aged care, construction, personal services, and automotive. 

Many of Simon’s matters have involved actions in equity including breaches of fiduciary duties, fraud, and breaches of trust. He has a particular interest in property-related disputes including equitable claims involving constructive, resulting trusts and estoppel and also disputes involving easements and adverse possession.  He has also acted in ancillary applications involving caveats, injunctions, and freezing orders.

Simon also appears in proceeds of crime/confiscation disputes at state and federal levels, particularly in matters involving complex property interests. 

Simon is available to appear, draft and settle pleadings, and give advice. 

Family law

Prior to coming to the Bar, Simon was a solicitor at a prominent family law firm in Melbourne.  He regularly appears in interim hearings and trials in family law matters in the Federal Circuit and Family Court including at an appellate level.

Simon has a particular interest in equitable disputes involving real property, disputes involving third parties in the courts’ accrued jurisdiction, and matters involving questions of bankrupcty and liquidation. He has acted for and against bankruptcy trustees, liquidators, intervening creditors, and the Commissioner of Taxation.

He is also briefed to prepare, give advice, and appear in disputes involving the construction, enforcement or setting aside of financial agreements and child support agreements.

Public and administrative law

Simon has given advice and appeared for both government and private clients in administrative law disputes including those involving appeals and judicial reviews of decisions of government bodies, tribunals, and lower courts. 

He acts in quasi-criminal proceedings including professional disciplinary actions in tribunals and other bodies involving clients who are legal, medical, or other professionals.  He has acted for clients disputing administrative decisions regarding freedom of information applications, firearms applications, and Working with Children Checks. 

Simon also has a practice in discrimination and human rights law and has appeared in and acted for clients involved in disputes in VCAT, the AAT, state and federal courts, and alternative dispute resolution processes in the Australian Human Rights Commission and the Victorian Equal Opportunity & Human Rights Commission. 

He also acts in immigration and citizenship matters in the Administrative Appeals Tribunal, Federal Circuit Court and Federal Court.  He has been involved in a number of successful appeals in the Federal Court involving the Migration Act.

Other experience

Simon strives to adopt a client-focused approach to litigation with a high level of technical knowledge and commerciality.  He prides himself on understanding the personal and practical realities of his clients.

Simon is an accredited mediator and is available to mediate disputes in the areas of commercial and family law. 

He has a keen interest in the law and regularly conducts seminars and writes papers about a variety of topics. He was also a volunteer solicitor at Springvale Monash Legal Service for five years.  He has a Bachelor of Laws and a Bachelor of Arts from Monash University. He is also currently completing a Master of Laws.  Simon is a sessional teaching associate at Monash University in property, equity, trusts, and constitutional law.  Simon is a member of the Victorian Bar Ethics Committee.  

Simon read with Judge Patrick O’Shannessy SC.  His senior mentor is Geoffrey Dickson QC.