SIMON CHRISTOPHER FISHER RESUMÉ Executive Summary Simon Fisher is a Barrister-at-Law. Simon holds the degrees of LLB (Hons 2) (NSWIT); Cert. of Prac. Legal Training (Kuring-gai CAE); LLM (QUT) (GPA 7.0). Simon was also a Member (parttime) of the Administrative Appeals Tribunal (from 2004-2009). Simon has practised actively as a lawyer since 1988 at senior levels (barrister, director and general counsel, senior associate and consultant) across the broad spectrum of commercial law and civil law with an emphasis on specialist advice and advocacy. Simon is a well-published and recognised legal author. Educational History and Qualifications Degrees Awarded: Title University Year Master of Laws (GPA 7.0) Subjects: International Trade Law; European Community Law; Banking and Finance Law; Advanced Securities; Research Project 2 Certificate of Practical Legal Training Bachelor of Laws (Hons 2) Queensland University of Technology Kuring-gai CAE (now University of Technology, Sydney) ("UTS") New South Wales Institute of Technology (NSWIT) (now UTS) 1993 1987 1987-1 -
Professional Qualifications: Qualification Title Place Year Barrister Queensland 2004 -- 2007, 2011 Solicitor Queensland 1992 2004; 2007-2011 Attorney, Solicitor & Proctor New South Wales 1987 Barrister New South Wales 1986 Barrister High Court of Australia 1988 Barrister & Solicitor Australian Capital Territory 1988 Employment History and Appointments: Title Place Years Barrister Queensland 2004 2007, 2011 Director and General Counsel, Neumann & Turnour Lawyers Brisbane July 2007 November 2011 Member, Appeals Tribunal Administrative Brisbane Registry July 2004 July 2009 Legal Consultant Praeger Batt, Solicitors; Bowdens Solicitors; Ebsworth & Ebsworth. 1992-2002 Associate Professor of Law University of Queensland 1999 2004-2 -
Legal Member Social Security Appeals Tribunal 2000 2004 Solicitor (Solicitor, then Senior Associate) Ebsworth & Ebsworth, Sydney 1988 1991 Senior Lecturer in Law Queensland University of Technology 1995-1999 Lecturer, Faculty of Law Queensland University of Technology 1992-1995 Visiting Lecturer in Commercial Law Faculty of Law, UTS 1990-1991 Tutor Department of Business Law, Faculty of Business, UTS 1989 Various operational and policy roles/ Research Officer Reserve Bank of Australia 1981-1987 Import/Export Bills Clerk Banque Nationale de Paris 1980-1981 Areas of Professional Practice and Experience Administrative Law and Governmental Law (Member of the Administrative Appeals Tribunal, veterans' compensation, seafarers compensation, income tax, social security disputes, corporate regulation disputes, judicial review applications). Banking & Finance Law (loan agreements, subordination agreements, securities, enforcement of securities; Storm Financial claims management). Building & Construction Law (claims by owners and builders; disciplinary disputes; payment claims by contractors/bcipa). Civil Liability Law (defamation, professional negligence, criminal injuries compensation; general law tortious and statutory liabilities). - 3 -
Competition Law (advice on Part IV and Part V matters; compliance matters; advice on contraventions; advocacy in administrative hearings conducted by the Australian Competition and Consumer Commission). Contract Law (advice on contractual rights and liabilities and remedies under domestic contracts and international commercial contracts; drafting standard-form contracts for professional bodies and industry groups; third-party rights; enforcement of contractual rights and liabilities; assignment of contractual rights; interpretation and construction of contracts disputes). Corporate & Securities Law (directors' and officers' duties, shareholders' rights and remedies, prospectuses and fundraisings, Initial Public Offerings, corporate compliance programs, corporate governance, share capital transactions, formation and incorporation, corporate restructurings, corporate insolvencies, meetings, takeovers, liability insurance; insolvent trading liability, access to shareholder information; shareholder disputes; statutory demand litigation). Family law (marriage disputes, contested divorces, property disputes, superannuation disputes, living with and spending time disputes, procedural/interim and final hearings, appeals, de facto relationships property disputes, domestic violence disputes). Financial Services Law General Commercial Law (sale of businesses, sale of goods/assets, business names, business dealings in intangible property, business names disputes, passing off, consumer rights and responsibilities, franchises, distributorships, agencies, franchising, multi-level marketing, commercial contracts, commercial contract disputes, drafting standard form contracts, share sale and shareholder agreements, joint ventures, partnerships and partnership disputes). Goods (leasing and transfers and specific recovery). Human rights (anti-discrimination disputes; religious discrimination disputes; disability discrimination disputes). Industrial and employment law (employment disputes representing employers and employees covering unfair dismissals and unfair terminations and interpretation and - 4 -
construction of employment contracts, trading hours disputes, judicial review applications; reasonable management action disputes in the workers compensation domain). Insurance law (advice on policy construction and interpretation; directors & officers liability; broadform manufacturer s liability). Intellectual Property Law (trade mark registration, opposition, advice on registrability, infringement; confidential information; passing off; copyright subsistence and infringement and copyright ownership disputes; moral rights). International Trade Law (Convention on International Sale of Goods, international agency contracts, international distribution contracts, international licensing agreements, crossborder liabilities under international contracts; ad hoc cross-border contracts; advice on international trade treaties). Litigation (all aspects, including trial and appellate hearings and Chambers/Motions applications, mediations and arbitrations). Maritime Law (ship acquisitions and financings; actions for specific recovery of vessels under the Admiralty Act 1988 (Commonwealth); actions to recover damages for defective shipbuilding/repair work). Not-for-profit Sector Law (incorporated and unincorporated associations; charitable law; charitable fundraising; governance of not for profit bodies; internal disputes; investigations into misconduct; church property disputes; employment disputes; recovery of misappropriated funds; religious discrimination disputes). Professional Liability (lawyers, surveyors, accountants, builders, medical practitioners and nurses). Property Law (commercial and residential conveyancing, commercial and retail shop leasing, personal property transactions; real property disputes; caveats; co-ownership disputes; personal property disputes; specific recovery of real property and personal property; recovery of possession of land disputes). Resources Law (mineral ownership disputes). Revenue Law (income tax; capital gains tax; stamp duty; superannuation). - 5 -
Succession Law (family provision claims; advising on wills and will drafting generally; advice on disputed wills; construction of wills disputes; claims for executor s commission). Technology Law (drafting and advising upon website development contracts, service level agreements, software licensing agreements, technology transfer agreements, domain name registration and domain name disputes, software copyright disputes; dispute resolution). Trusts (establishment, trustees' rights and duties, beneficiaries' entitlements, charitable trusts, revenue aspects). Industry-specific experience includes: compliance and regulation, education (secondary and higher education), energy and natural resources, financial services, financial services regulation, franchising, government, information technology, insurance, manufacturing, not-forprofit sector/third sector, professional services (legal practitioners, medical practitioners, nurses and surveyors), property and transport (marine and land)). Areas of Advocacy and Litigation Experience Simon practises in and appears in the following courts and tribunals as an advocate conducting interlocutory applications, interim applications, trials and appeals: Federal Court of Australia (trials and appeals) Family Court of Australia (trials and appeals) Federal Magistrates Court of Australia Administrative Appeals Tribunal Australian Industrial Relations Commission Queensland Court of Appeal Supreme Court of Queensland District Court of Queensland Magistrates Court of Queensland - 6 -
Industrial Magistrates Court of Queensland Queensland Industrial Relations Commission Industrial Court of Queensland Commercial and Consumer Tribunal (Queensland) Nursing Tribunal (Queensland) Queensland Civil and Administrative Tribunal Retail Shop Leases Tribunal (Queensland) Australian Capital Territory Civil and Administrative Tribunal Supreme Court of Victoria Supreme Court of New South Wales Supreme Court of South Australia. Publications Major books: G Pearson, S Fisher, E Peden & GJ Tolhurst, Commercial Law: Commentary and Materials (3 rd ed, Lawbook Co/Thomson Reuters, Sydney, 2010); ISBN 9780455226286; preliminary matter i-xlvii, pp 1-1425. G Pearson, S Fisher & P Ali, Commercial Law: Commentary and Materials (2 nd ed, Lawbook Co, Sydney, 2004); ISBN 0 455 22114 6; preliminary matter i-lxxi, pp 1-1325, index pp 1327 1352 SC Fisher, LG Wiseman & C Anderson Corporations Law (2 nd ed, Butterworths, Sydney, 2001) (pp.i-xxvii, 1-472) (ISBN: 0 409 31689 X) Agency Law (Butterworths, Sydney, 2000), ISBN 0 409 31414 5; pp i-xxxv; pp 1-259, index pp 261-280 G Pearson & S Fisher, Commercial Law: Commentary and Materials (LBC Information Services, Sydney, 1999). ISBN 0 455 21627 4; preliminary matter i-lxv, pp1-1288, index pp1289-1306. - 7 -
Simon Fisher & Damian Fisher, Export Best Practice: Commercial and Legal Aspects (The Federation Press, Sydney, July 1998) ISBN 1 86287 292 9. Commercial and Personal Property Law, (Butterworths, Sydney, 1997) pp i-lv; pp 1-794; index pp 795-819; 16 chapters; ISBN 0 409 30787 4. Peter MacFarlane & Simon Fisher, Churches, Clergy and the Law (The Federation Press, Sydney, 1996) pp i-xxxv; pp 1-286, index pp 287-292 (ISBN 1 86287 210 4) Retail Shop Leases Update (Continuing Legal Education Department, Queensland Law Society Inc, November 1994), pp i-ii, pp1-51, (ISBN 1 875 809 25 2) SC Fisher, LG Wiseman & C Anderson Corporations Law (Butterworths, Sydney, 1994) (pp.ixxviii, 1-348) (ISBN: 0 409 30433 6) Books or Other Works Edited The Law of Commercial and Professional Relationships, (FT Law & Law, Melbourne, 1996), (pp i- lxxviii; 1-696; bibliography pp 697-711; index pp 713-737); ISBN 0 86453 000 5 (softcover); ISBN 0 86453 001 3 (hardcover). Legal Encyclopaedias MG Hains, AW Latimer & SC Fisher "Options" Chapter Commentary in the Butterworths Australian Encyclopaedia of Forms & Precedents, Volume 10, paras [702], [715], [975]- [990] (3rd ed.) (published March, 1991) (plus October 1992 and June 1997 and October 1998 updates) II International Trade in the title TRADE AND COMMERCE in Volume 27 Halsbury s Laws of Australia paras [420-2000]-[420-3860] (Butterworths, Sydney, originally published in December 1995 and updated in June1998 via Service 88 and 2001 via Service 194 and in 2005 via Service 244); ISBN 0 409 30478 6; SCF s share 338 pages (186,000 words) (excluding preliminary matter and end-matter) - 8 -
THE LAWS OF AUSTRALIA Religion and Belief Chapter 3 in HUMAN RIGHTS 21.4 CIVIL AND POLITICAL RIGHTS (update of another person s work), Update No 71, April 1998, 7 printed pp, paras [77], [78], [79], [80], [81], [83], [84], [85], [87] and [90]. SALE OF GOODS AND PRODUCT LIABILITY, Revision of Chapter Commentary and Precedents in the Butterworths Australian Encyclopaedia of Forms & Precedents, Volume 11, paras [1501]-[2185] (130pp) and (commentary) and Precedents (Precedents No 15.1-15.395 (3rd ed.) (published February 2000) (76 pp). AGENCY, Revision of Precedents in the Butterworths Australian Encyclopaedia of Forms & Precedents, Volume 1, Precedents (Precedents No 15.1-15.210) (3rd ed.) (published September 2000), pp 12,101-12,374(258 pp) (ISBN 0 409 30621 5) CHOSES IN ACTION, Revision of Commentary and Precedents in the Butterworths Australian Encyclopaedia of Forms & Precedents, Volume 2A (published March 2002); Commentary paras [3001] [3134] and Precedents Pr 30.1 30.50 (ISBN 0 409 30621 5). Chapters in Books: "Aspects of Enforcement of Possessory Securities and Securities Arising by Operation of Law" - Chapter 4 in J. Greig & B. Horrigan (eds) Enforcing Securities (Law Book Company Ltd, Sydney, 1994) (ISBN: 0 455 212236 6) at 158-206 (49 printed pages). SC Fisher & S Pitkin "Banking & Finance" in W Harris et al (eds) Queensland Annual Law Review 1992, (QUT/Queensland Law Society Inc, February 1993) at 19-24 (6 printed pages). SC Fisher & N Doucas "Insurance Law" in W Harris et al (eds) Queensland Annual Law Review 1992, (QUT/Queensland Law Society Inc, February 1993) at 170-175 (6 printed pages). "Introduction" and "Negotiating Joint Ventures" Chapters 1 and 4 in WD Duncan (ed) Joint Venture Law in Australia (The Federation Press, Sydney, 1994) (ISBN: 1 86287 126 4)) at 1-14; 80-124 (59 printed pages). (Simon Fisher & Gillian Brown) "Banking and Finance" in Peter MacFarlane, et. al. (eds), Queensland Annual Law Review 1994, (QUT/Queensland Law Society Inc., Brisbane, 1994) at 15-23 (9 printed pages) [SCF's share - 85%]. - 9 -
The Law of Commercial and Professional Relationships, (FT Law & Law, Melbourne, 1996)(pp i- lxxviii; 1-696; bibliography pp 697-711; index pp 713-737. ISBN 0 86453 000 5 (softcover); ISBN 0 86453 001 3 (hardcover). Contributor of 4 of 24 chapters namely, Chapter 1 (Introduction)(pp1-11), Chapter 2 (General Principles of Obligations)(pp13-50), Chapter 19 (Partnership)(pp493-525) and Chapter 21 (Seller and Buyer)(pp553-604)]. "Corporations as Donors: A Legal Survey" Chapter 8 in Myles McGregor-Lowndes et al (eds.), Legal Issues for Non-Profit Associations (Law Book Company Ltd, Sydney, 1996) (ISBN 0 455 21401 8) at pp164-196 (33 printed pp) Disclosure Obligations Under the Corporations Law, Chapter 10 in T Cockburn & LG Wiseman (eds) Disclosure Obligations in Business Relationships (The Federation Press, Sydney, 1996)(ISBN 1 86287 235 X), pp 212-258 (47 printed pp). Trading Blocs: NAFTA in G Moens & P Gillies (eds), Chapter 9 in International Trade and Business: Law, Policy and Ethics (Cavendish Publishing (Australia) Pty Ltd, London/Sydney, 1998), pp 627-661 (35 printed pp). Government and Rights-Protection in Commercial Contexts, Chapter 5 in B Horrigan (ed) Government Law and Policy: Commercial Aspects (The Federation Press, Sydney, 1998), pp 142-204. Commercial Law in a Global Context: Current Influences and the Future for Australia, Chapter 10 in A Mugasha (ed), Commercial Law: Issues for the 21 st Century, (Prospect Publishing Limited, Sydney, 2001) (ISBN 1 86316 1511), pp 109-136. In L Willmott, S Christensen, & D Butler), Contract Law in Australia (OUP, Melbourne, 2001) (ISBN 0 19 551006 2) (contributor of Chapters 1 [paras 1.05 1.70], 2, 26 and 27); pp i lvi; 1-855. (In T Blackshield, M Coper & G Williams (eds)), "Commercial Law", The Oxford Companion to the High Court of Australia (Oxford University Press Melbourne, 2001) (ISBN 0 19 554022 0), pp 115 -- 117. - 10 -
Managing Legal Risks in International Business, in International Business Handbook (Commerce Queensland, Brisbane, 2004), pp 67 69. (In L Willmott, S Christensen, & D Butler), Contract Law in Australia (2 nd ed, OUP, Melbourne, 2005) (ISBN 0 19 551736 9) (contributor of Chapters 1 [paras 1.05 1.70], 2, 26 and 27); pp i lv; 1-931. "Clergy Confidentiality and Privileges: Themes and Prospects", Chapter 10 in P Radan, D Meyerson & R Croucher (eds), Law and Religion: God, the State and the Common Law (Routledge, London/New York, 2005), pp 244 268. Formation and Structure", Chapter 4 in WD Duncan (ed), Joint Ventures Law in Australia (2 nd ed, The Federation Press, Sydney, 2005), pp 117 171. [Journal articles, conference and seminar papers, professional publications, book reviews, media appearances not reproduced; details available on request] Awards and Memberships Awards: McCarthy & Associates Pty Ltd Prize in Conciliation & Arbitration. Karen Morton Memorial Prize in Industrial and Intellectual Property Law. 1994 Dean's Award for Research from the Dean, Faculty of Law, QUT. Visiting Fellowship in the Research School of Social Sciences, The Institute of Advanced Studies, ANU. Memberships (professional associations, clubs, etc): Member of the Bar Association of Queensland. Member of the Corporations Law Committee of the Law Council of Australia/Queensland Law Society (1997 2009). - 11 -
Interests Cycling, reading, music. References Available on request. - 12 -