Mr Simon W Lee

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Simon specialises in criminal law, both trial and appellate and is a member of the VLA Criminal Trial Preferred Barrister List and holds an Indictable Crime Certificate (Victorian Bar).

He worked for Mitsubishi Corporation (oil and gas) in Tokyo for 5 years before completing his law degree at the University of Durham (1993-1996) and Legal Practice Certificate at the College of Law, York.

Simon worked for a Japanese bank in London as a trainee bond trader before returning to Australia to work at various law firms in Western Australia.  He became an Australian Regular Army Legal Officer and was posted to Darwin.  He was a prosecutor before commencing at the private bar (William Forster Chambers) in July 2005.

Cases Simon has been involved in:

Burnett and Others v DPP [2007] NTCA 7

- Court’s inherent power to prevent unfairness or injustice; requirement for provision of judge’s reasons; operation of Criminal Property Forfeiture Act (NT) 

Playspace Playground Pty Ltd v Osborn [2009] FCA 1486

-       Insolvent trading – meaning of incurring a debt for the purposes of s 588G of the Corporations Act 2001 (Cth)

Muslimin v The Queen [2010] HCA 7

-       Statutory interpretation – Fisheries Management Act 1991 (Cth) – fishing of sedentary organisms (trepang) on Australian Continental Shelf not within Australian Fishing Zone.  Successful appeal to HCA from NT Court of Criminal Appeal.

Nasir v Northern Territory of Australia [2010] NTMC 055

-       Claim for worker’s compensation under Worker’s Rehabilitation and Compensation Act (NT) 

Lo Castro v The Queen [No 2] [2013] NTCCA 15

- Sexual intercourse without consent; evidence of uncharged acts wrongfully admitted at trial; relationship evidence and failure to direct jury in accordance with R v Markuleski. Successful appeal against conviction.

Simon has appeared as sole counsel in Supreme Court (NT) jury trials for foreign nationals charged with Commonwealth people smuggling offences and persons charged with serious indictable offences (unlawful sexual intercourse, murder (led), supply of dangerous drugs, etc.) and also appeared in the NT Mental Health Review Tribunal, acting for clients facing involuntary admission.

Simon is a Navy Reserve Legal Officer, fluent in French and Japanese and a Registered Adjudicator, Construction Contracts (Security of Payments) Act (NT). 

 


Liability limited by a scheme approved under Professional Standards legislation.

Formal Details 0

  • Admitted to Practice
    21 December 2001
  • First Signing Bar Roll
    07 February 2014
  • Qualifications
    B.A.; LLB; LLM