Simon is an experienced disputes, risk and regulatory advisor to an array of blue-chip clients in the technology and financial services sectors. He specialises in large scale, complex commercial litigation and has significant experience in running fraud, white collar crime, regulatory and investigations matters. Simon also advises clients on the contentious aspects of cyber and data security issues.
In addition to advising General Counsel, Simon is regularly called upon to address litigation issues at boardroom and senior management level. His clients – which include Google, eBay, Hewlett Packard Enterprise, PayPal, Goodman Fielder, Wesfarmers, Klarna and Bank of China – seek out Simon for his deep understanding of their business and commercial drivers and ability to provide strategic advice which often keeps his clients out of the courtroom.
Key deals
Defending Google in the ‘location history’ proceedings commenced by the ACCC in the Federal Court, in which the regulator alleges that Google engaged in misleading and deceptive conduct in relation to the collection, retention and use of consumers’ location data on Android phones and tablets. The litigation will be the first matter to be tried worldwide concerning Google’s use of location data.
PayPal
Acted for PayPal for many years in a range of contentious matters including urgent claims for injunctive relief. Most recently, advising PayPal’s Australian and US team in respect of the termination of one of its largest global merchant partners.
Acting for Google in Federal Court proceedings commenced by the ACCC which allege that Google misled Australian consumers to obtain their consent to expand the scope of personal information that Google could collect and combine about consumers’ internet activity, for use by Google, including for targeted advertising.
Dr Clark
Acted for an IVF practitioner in long-running litigation which ultimately proceeded to a full hearing in the High Court of Australia and resulted in a completely successful outcome in favour of the client. The High Court’s decision in Clark v Macourt is now a leading judgment on assessment of damages and mitigation principles.
eBay
Acted for eBay for over ten years in a range of contentious and investigative matters. Most recently, acted in long-running Supreme Court litigation alleging breach of fiduciary duty and fraud against a former senior executive of eBay and related entities.
Hewlett Packard group
Acted for various members of the Hewlett Packard group over many years in a range of contentious matters, including bringing and resisting applications for injunctions, litigation arising from outsourcing projects and various investigations matters.