Dr Simon Blount

Call 2005

Background

Called to the Bar in 2005, Simon maintains a practice in commercial law, administrative law and judicial review matters, insurance law and common law, equity, and wills and probate. He has extensive experience across a broad range of Federal and State jurisdictions, including appellate Courts, and is an advocate for the rights of asylum seekers.

Simon enjoys the intellectual rigour that comes with being briefed in complex and technical matters. He is often instructed by mid-sized law firms, as well as boutique city and regional legal practices, who value him for his thoroughness when furnishing advice and meticulous preparation of litigated matters. Simon is commercially astute and provides sophisticated and tailored solutions to his clients’ legal problems. He is also highly adept at distilling the key legal issues to advance his clients’ case and achieve favourable outcomes.

Simon holds a Doctor of Philosophy (his Thesis was focused on Political Science) from the University of New South Wales, and is currently an Adjunct Professor at the University of Notre Dame, School of Law, in Sydney. Simon is also the author of Electronic Contracts 2nd edition (LexisNexis Butterworths) and has frequently published papers in refereed and non-refereed journals in Australia and internationally on the subjects of electronic commercial law, electoral theory and Austria.

Prior to being called to the Bar, Simon was a principal player with the Sydney Symphony Orchestra and in addition to his PhD, Bachelor of Laws and Bachelor of Arts (with First Class Honours) qualifications from the University of New South Wales, he holds a Diploma of Arts (Music) from the Victorian College of Arts.

Accolades

Publications And Speaking Engagements

Books

  • 2015 Electronic Contracts: 2nd Ed (Sydney: LexisNexis Butterworths)
  • 2009 Electronic Contracts: Principles from the Common Law (Sydney: LexisNexis Butterworths)

Articles (* denotes fully refereed journal)

  • 2023 Hitler’s Willing Soldiers: Austrian Mountain Troops at Narvik 1940’, British Journal for Military History, 9.1 (2023), pp. 138-155*
  • 2022 The Victim Myth: The Re-invention of Austria in the Post-War Years. Journal of Austrian Studies 55: 3 61-76*
  • 2021           Unconscionability in online business to consumer contracts. ANU Journal of Technology ANU Journal of Law and Technology 2(2) 5-21*
  • 2019 The New Judicial Review – Legal Unreasonableness 9 WR 78 (with M Robinson)
  • 2017 eConveyancing: Principles, Platforms and Procedures 38 LSJ 82 (with C Martin)
  • 2009 When are Emails Writing? 47(8) LSJ 56
  • 2009 Implied Terms in Webpage Contracts for the Sale of Software 47(1) LSJ 56
  • 2008 Agreeing to Terms in Webpage Contracts 46(11) LSJ 74
  • 2008 Click Signatures in Webpage Contracts 46(10) LSJ 70
  • 2002 Unemployment and Economic Voting. Electoral Studies 21 (1) 91-100*
  • 2001 The Politics of Taxation: The Introduction of the GST into New Zealand, Canada, Japan and Australia.  Australian Tax Forum 16(4) 439-461*
  • 2001 The Art of Taxation. Australian Tax Forum 16(3) 345-360*
  • 2000 Public Opinion & Tax Aversion in Australia. Journal of Sociology 36(3) 275-290*
  • 1999 The Microeconomic Voter. Electoral Studies 18(4) 505-517*
  • 1998 Post materialism and the Vote for the Senate in Australia. Australian Journal of Political Science 33(3) 441-449*

Presentations

Simon has recently delivered presentations to a number of New South Wales Law Societies on the principles of, and recent developments in, Proprietary Estoppel. He also delivers presentations on a wide range of topical issues to law firms and industry bodies.

Select Matters (* denotes being led)

High Court of Australia

  • Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; 93 ALJR 252; [2019] HCA 3. Administrative Law – Migration: Principle – Materiality of error is required to establish jurisdictional error. *S Prince.
  • Minister for Immigration and Border Protection v SZMTA & Anor [2018] HCATrans 34 (16 February 2018). Special Leave. Administrative Law – Migration: Principle – Materiality of error is required to establish jurisdictional error.

New South Wales Court of Appeal

  • Skates v Hills Industries Ltd [2021] NSWCA 142. Administrative Law – Statutory Interpretation. Principle: A medical dispute is defined by the parties’ pleadings and medical evidence.
  • Smith v Coles Supermarkets Australia Pty Ltd [2020] NSWCA 206 – Multi-party Personal Injury. *M Cranitch SC: Principle: A party’s case is defined by its pleadings and particulars at first instance.
  • Capar v SPG Investments Pty Ltd (t/as Lidcombe Power Centre) (2021) ALMD 747; [2020] NSWCA 354. Administrative Law – Statutory Interpretation. *S Flett.  Principle: The doctrine of voluntary assumption of risk does not extend to a worker acting outside of their prescribed duties. 
  • Booth v Fourmeninapub Pty Ltd [2020] NSWCA 57: Administrative Law-Statutory Interpretation. *M Cranitch SC. Principle: The test for receiving fresh evidence on appeal is whether it could not have been obtained without reasonable diligence at trial and there is a high degree of probability that there would be a different outcome.
  • Bluescope Steel (AIS) Pty Ltd v Sekulovski [2019] NSWCA 136: Administrative Law – Statutory Interpretation. *M Robinson SC. Refusal of leave to appeal.
  • Hee v State Transit Authority of New South Wales (2019) 100 NSWLR 274; 287 IR 200; [2019] NSWCA 175: Administrative Law – Statutory Interpretation. *S Flett. Principle: An ‘amount’ for the purposes of compensation under the Workers Compensation Act 1987 may be zero.
  • El Wasfi v State of New South Wales [2017] NSWCA 332.  Intentional tort – Malicious prosecution. *M Cranitch SC. Principle: No failure to find absence of reasonable and probable cause for arrest and prosecution.
  • State of New South Wales v Stockwell [2017] NSWCA 30. Administrative Law – Statutory Interpretation. *S Flett.  Principle: A determination on the facts as found and the proper construction of statute as to whether a worker was a ‘paramedic’, was an appellable point of law.

Supreme Court of New South Wales

  • Zoric v Secretary Department of Education anors [2024] NSWSC 131. Judicial Review – Insurance. Principle: Insufficient reasons to support conclusion of decision maker.
  • State of New South Wales (Central Coast Local Health District) v Page [2023] NSWSC 935. Judicial Review – Insurance. Principle: Defence of delay made out.
  • Aversa v Transport for New South Wales (No 2) [2023] NSWSC 892 Interlocutory: Principle: Discretion of the court to order mediation over the objection of a party. *Prince SC.
  • Justice Health & Forensic Mental Health Network v Nichols [2022] NSWSC 945. Judicial Review – Insurance.  Principle: Construction of s 323 of the workers compensation legislation.
  • United Muslims New South Wales Inc v Australian Federation of Islamic Councils Inc (No 2); Islamic Council of Victoria Inc v Australian Federation of Islamic Councils Inc [2022] NSWSC 868. Equity – Incorporated Associations. Principle: Application of the principle of improper purpose to the processes of an incorporated association. 
  • Islamic Council of Victoria Inc v Australian Federation of Islamic Councils Inc [2022] NSWSC 868. Interlocutory – Joinder.
  • Specialist Diagnostic Services Pty Ltd t/as Laverty Pathology v Aisha Naqi [2020] NSWSC 1791. Judicial Review – Insurance. Principle: The proper jurisdiction of a delegate’s ‘gatekeeper’ role under the workers compensation legislation.
  • Skates v Hills Industries Ltd [2020] NSWSC 837. Judicial Review – Insurance. Principle: A medical dispute is defined by the terms of the referral to a Medical Assessor.
  • Starr v Pendergast Painting Pty Ltd [2020] NSWSC 725. Judicial Review – Insurance. Principle: Procedural fairness did not extend to an obligation of an Appeal Panel under the Workers Compensation legislation to examine a worker.
  • Stephen Paul Olive v Sharon Heather Van Seumeren 2019/254219 (16 March 2020) Equity – Family Provision (final judgment without written reasons by consent of the parties). No point of principle as to quantification of award.
  • Martinovic v Workers Compensation Commission of New South Wales [2019] NSWSC 1532. Judicial Review – Insurance. *M Robinson SC. Failure to re-examine by a Medical Appeal Panel. No point of principle.
  • Ljubisavljevic v Workers Compensation Commission of New South Wales [2019] NSWSC 1358: Judicial Review – Insurance.  *M Robinson SC.  Failure to re-examine by an Appeal Panel.  No point of principle.
  • Hanna v Delta Electrical and Security Pty Ltd [2019] NSWSC 1127. Judicial Review – Insurance. Principle: Written reasons need not extend to reasons for an opinion not formed. 
  • Blendell v Byrne [2019] NSWSC 583. Equity – Family Provision. Proceedings settled after four days of hearing.
  • IAG Ltd (t/a NRMA Insurance) v Chahoud (2019) 89 MVR 87; [2019] NSWSC 767. Judicial Review – Insurance.  No point of principle.
  • Mercy Connect Ltd v Kiely [2018] NSWSC 1421.  Judicial Review – Insurance. Principle: Failure to consider grounds of appeal.
  • Cobar Shire Council v Harpley-Oeser [2018] NSWSC 964. Judicial Review – Insurance. Principle: Constructive Failure to exercise jurisdiction.
  • Lansom v Lansom [2018] NSWSC 835 Equity – Proprietary Estoppel. Proceedings settled after commencement of hearing.
  • Lansom v Lansom [2018] NSWSC 763 Procedure – Principle: Consideration of admissibility of improperly obtained evidence.
  • New South Wales v Hill [2018] NSWSC 541.  Judicial Review – Insurance. No point of principle.
  • Department of Education v TF [2017] NSWSC 1596. Judicial Review – Insurance. No point of Principle.
  • Mercy Centre Lavington Ltd v Kiely [2017] NSWSC 1234.  Judicial Review – Insurance.  *M Robinson SC. Principle: Consideration of grounds of appeal open to be determined by an Appeal Panel under the workers compensation legislation.
  • McKeough v Zoological Parks Board of New South Wales [2017] NSWSC 868. Judicial Review – Insurance. No point of principle.
  • Lando v Rawlinson & Brown Pty Ltd [2017] NSWSC 328. Procedure – transfer of proceedings.
  • Department of Education and Communities (NSW) v Kaur [2016] NSWSC 346. Judicial Review – Insurance. Principle: Medical assessors do not choose between opposing medical opinions but form their own opinions.
  • Boldi v Crozier [2015] NSWSC 2155. Procedure – Equity – Family Provision. Principle: Joinder of beneficiary to proceedings.
  • Cook v City of Sydney [2015] NSWSC 1904. Judicial Review – Insurance. Principle: Discretion to grant relief by way of review in the face of an available avenue of appeal.
  • Idrizovska v Saliu [2015] NSWSC 1642. Equity – Constructive trust – equitable fraud. Imposition of constructive trust in the face of the perpetration of equitable fraud. 
  • Cullen v Woodbrae Holdings Pty Ltd [2015] NSWSC 1416.  Judicial Review – Insurance. No point of principle.
  • Wilkinson v Leussink Pty Limited  [2015] NSWSC 1369. Judicial Review – Insurance. Principle: An Appeal Panel is not estopped by a pre-exiting complying agreement.
  • Nicholas v Astute Hire Pty Ltd [2015] NSWSC 711.  Procedure – amendment.
  • Ryder v Sundance Bakehouse [2015] NSWSC 526.  Judicial Review – Insurance. Principle: The test of pre-existing condition under s 323 of the workers compensation legislation is whether the impairment was greater as a result.
  • Matthew Francis Horne v Raymond Charles James anor [2015] NSWSC 465. Equity – specific performance. * F Corsaro SC. Principle: Specific performance denied because alleged contract for sale of land lacked the necessary elements of agreement.
  • Kolundzic v Quickflex Constructions Pty Limited [2014] NSW 1523. Judicial Review – Insurance. Principle: The guidelines for the evaluation of permanent impairment under the workers compensation legislation have the status of delegated legislation.
  • Australia and New Zealand Banking Group v Laurence James Pola [2014] NSWSC 59. Procedure – costs. Principle.  A defendant is liable to pay costs even if succeeding on a cross-claim where the value of the cross-claim is less than the value of the claim.
  • Australia and New Zealand Banking Group v Laurence James Pola [2013] NSWSC 1801.  Interlocutory – admissibility of expert evidence. *Wright SC.
  • Australia and New Zealand Banking Group v Laurence James Pola [2013] NSWSC 1502.  Possession – Principle. Cross claim for sale at undervalue under Queensland legislation. *Wright SC. 
  • Tulloch (deceased) v Braybon anors (No 2) [2010] NSWSC 650.  Equity – undue influence. *P Taylor SC.  Principle: A claim of undue influence takes into account the susceptibility of the person said to be unduly influenced. 
  • Tulloch (deceased) v Braybon anors (No 1) [2010] NSWSC 650.  Equity – undue influence. *P Taylor SC. Interlocutory.
  • Rose v Boxing NSW Inc anor [2007] NSWSC 20. Interlocutory – Costs. *M Robinson SC. Principle: Damages for disappointment may be awarded under the Trade Practices Act.
  • Rose v Boxing NSW Inc anor [2007] NSWSC 20.  Equity – Associations – Denial of procedural fairness. *M Robinson SC. Principle: In a tribunal hearing the order of evidence may indicate the absence of procedural fairness.
  • Federal Court of Australia
  • SZGIZ v Minister for Immigration Citizenship Migrant Services and Multicultural Affairs [2021] FCA 1510. Administrative Law – Migration – Refugee Convention.
  • DHH17 v Minister for Immigration Citizenship Migrant Services and Multicultural Affairs [2021] FCA 1501. Administrative Law – Migration – Refugee Convention.
  • AXP20 v Minister for Immigration Citizenship Migrant Services and Multicultural Affairs [2021] FCA 924. Administrative Law – Migration – Refugee Convention.
  • AWN17 v Minister for Immigration and Border Protection (2019) 164 ALD 287; [2019] FCA 440 Administrative Law – Migration – Refugee Convention.  Principle.  Errors of translation denying the applicant a meaningful hearing amounted to a denial of procedural fairness.
  • SZMTA v Minister for Immigration and Border Protection (2017) 255 FCR 215; [2017] FCA 1055 Administrative Law – Migration – Refugee Convention. Principle – Materiality of error is required to establish jurisdictional error.

Supreme Court of Queensland

  • Zaporozhki v AAI Limited (Trading as GIO) [2022] QSC 22. Work Injury Damages – Jurisdiction –Limitations of Actions – Practice and Procedure.
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