Simon is a dynamic commercial solicitor, and he regularly appears for his clients in State and Federal jurisdictions.
Biography
As a skilled and tactful negotiator, Simon is credited for his commercially sensible and intelligent approach to his clients’ matters. He regularly appears in proceeds of crime & confiscation proceedings and is a member of the Confiscation and Proceeds of Crime List Users’ Group of the Supreme Court and County Court of Victoria.Â
In acting for major banks, manufacturers, individuals, SMEs and a broad range of corporations, including ASX listed companies, Simon has developed his practice extensively in a number of legal disciplines including, but not limited to:
- Corporate structures, advisory, partnerships & business succession;
- Banking & finance, including lending & enforcement of securities;
- Blockchain & cryptocurrency;
- Shareholders’ disputes, oppression actions, and insider trading under the Corporations Act 2001 (Cth);
- Personal and corporate insolvency and reconstruction;
- Domestic and commercial building and construction disputes involving matters concerning the Domestic Building Contracts Act 1995 and the Building and Construction Industry Security of Payment Act 2002; and
- Proceeds of crime law and confiscation law litigation under the Commonwealth regime, the Proceeds of Crime Act 2002 (Cth), and the State regime in Victoria, the Confiscation Act 1997 (Vic);
- International arbitration.
Examples of work - PROCEEDS OF CRIME
Advised on a Proceeds of Crime/Confiscation Law matter that came to Madison Branson Lawyers just two weeks before trial commencement. Simon achieved a settlement offer that was 147% better than the original offer made to the previous solicitors.
- Successfully negotiated a longstanding Proceeds of Crime Supreme Court proceeding, which resulted in avoiding a $2.5m liability through settlement.
- Successfully obtained a 100% exclusion of all assets restrained for an accused while their criminal proceeding was still on foot (a very rare scenario).
- AFP v Surinder Kaur [2016] VSC 423.
- Guo v Commissioner of Australian Federal Police [2017] VSC 269.
- Commissioner of the Australian Federal Police v Wen & Ors [2017] VSC 391.
- Commissioner of the Australian Federal Police v Wen & Ors (No 2) [2017] VSC 502.
Examples of work - TECHNOLOGY & WEB3
Provided comprehensive advice (which is ongoing) to a tech/web3 start-up during their expansion into Singapore. This included providing strategic advice in relation to structuring their group organisation assisting with the incorporation process. Additionally, Simon facilitated and successfully concluded their initial fundraising efforts, supported their local scaling and incorporation in Singapore, aided in their second fundraising round, managed corporate governance matters, provided continuous secretarial services, and effectively finalised international partnership transactions to foster their growth.
Examples of work - FINANCING
- In the past 12 months Simon has advised on $500m – $600m in loan settlements on various real estate sector transactions, involving a number of non-bank lenders with respect to their financing arrangements – whether straight property financing, mezzanine financing and construction financing for significant developments – including residential, commercial or industrial sites.
- Advised on structuring and settling syndication, commercial and residential development financing for senior, junior mezzanine and preferred equity transactions with gross realisations in excess of $1bn+.
- Advised an Australian funds management group on a $100m loan facility to establish a loan book and for investments in listed securities.
- Advised on settling a client’s site purchase and facilitated its $145m commercial 11 storey tower development.
- Advised on establishing and structuring a AFSL licensed corporate authorised representative and investment manager for a debt fund.
- Advised an investment management fund in relation to the establishment of a new fund trust and settling property and construction financing for the fund.
