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Simon has 25 years experience in insurance and commercial litigation. He was a partner at Phillips Fox before joining Yeldham Price O’Brien Lusk.

Simon has extensive experience in defending claims against professionals, including claims against lawyers, accountants, engineers, certifiers, financial advisers, valuers, insurance brokers and architects. He has acted in litigated and unlitigated disputes in relation to general liability, property damage, product liability and construction risk.

Professional qualifications

  • LLB (Hons) 1990 University of Auckland
  • LLM (1995) University of London
  • admitted New Zealand 1990
  • admitted ACT, NSW and Queensland
  • admitted Federal and High Court 1997
  • Partner Phillips Fox and DLA Phillips Fox (2004-2007)
  • Director YPOL from 1 September 2007

Simon’s areas of expertise include:

  • insurance coverage
  • professional indemnity
  • commercial litigation and dispute resolution
  • product and general liability claims
  • mortgage title insurance
  • policy drafting

Simon’s recent experience includes:

Liability

  • defending liability claims ranging from catastrophic personal injury to property damage claims against both insured entities and corporate self insured entities in New South Wales, Queensland and Western Australia;
  • sport and motor sport liability claims in all Australian state jurisdictions, including incidental defence of workplace prosecutions, and coronial inquests;
  • coverage and defence advice to insurers in connection with class action proceedings in New South Wales and interstate;
  • advising insurers of aged care providers, sports administrators, occupiers, cleaners, and the construction industry in relation to property damage and personal injury claims; and
  • action for insurers in relation to construction risk policy liabilities.

Professional indemnity

  • Simon is a Lawcover panel solicitor
  • currently advising insurers and London underwriters in connection with professional indemnity claims against accountants, barristers, financial advisers, geotechnical engineers, private certifiers, structural engineers, agronomical advisers, valuers, and quantity surveyors in relation to a broad range of litigated and unlitigated claims;
  • acting for a party in the current Federal Court proceedings brought by investors and financiers of the CLEM7 tunnel in Brisbane;
  • acting for London underwriter defendants in HFMF v Fieldhouse [2013] WASC 121.

Property

  • currently acting for first party insurers in connection with coverage disputes proceeding in the Financial Ombudsman’s Service;
  • advising insurers and insureds in connection with basis of settlement disputes under ISR, machinery breakdown and business pack first party policies;
  • advising both insurers and insured parties in relation to subrogation rights and the operation of section 67 of the Insurance Contract Act;
  • recovery proceedings on behalf of insurers.

Simon is a member of the Law Society of New South Wales, the Australian Professional Indemnity Group, the Australian Insurance Law Association, Women in Insurance and the NSW Claims Discussion Group.

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