Simon Ower KC

• Arbitrators & Mediators
• Commercial Law
• Employment & Industrial
• Environment & Planning
• Equity
• Inquests & Inquiries
• Media, Entertainment & Broadcast
• Public Law
• Sports, Gaming & Licensing

Simon Ower KC practises in most areas of civil, commercial and public law. He has particular expertise in wills and estates, equity, and administrative law.

Simon commenced practice as a barrister in 2002 and he was appointed as Senior Counsel in 2016. He has significant experience at both trial and appellate level, and now practises across all Australian jurisdictions. He has previously been accredited as a mediator under the National Mediator Accreditation System.

In the area of wills and estates, Simon has been recognised by Doyle’s Guide as a Leading Wills and Estate Senior Counsel in Australia (since 2017) and a preeminent one in South Australia (since 2016).

He has advised and appeared in many trials and appeals as to the substantial validity of wills (including testamentary capacity), estate administration, family provision and will construction. He has also advised and appeared in private international law succession disputes concerning the laws of Indonesia, Italy, Florida, and the People’s Republic of China.

Prior to commencing practice, Simon was an Associate to the Federal Court of Australia (Sackville J), Sydney, 2000-2001. He then worked for a period as a commercial litigation solicitor. Since 2020, Simon has been the deputy presiding member of the Legal Practitioners Disciplinary Tribunal (South Australia). He regularly gives presentations at professional development conferences. He is a member of the Society of Trust and Estate Practitioners, and the Australian Institute of Administrative Law.

Selected recent appellate cases

Burke v Public Trustee [2022] SASCFC 64 (Deceased Estates, Judicial Advice and Direction, Secret Trusts).

Melrob Investments v Blong Ume Nominees [2022] SASCA 29 (Trusts, Breach of Trust, Equitable Compensation, Statutory Trust Variation Powers, Corporations Act, Oppression, Winding Up). See also (2017) 123 ACSR 137; (2019) 135 SASR 385; [2020] HCATrans 92 (special leave refused); [2021] SASC 22. First intermediate appellate judgment concerning the application of Corporations Act oppression provisions to trusts and trustee companies.

Chattaway v Minister for Health and Wellbeing (2020) 136 SASR 107 (Administrative Law, Statutory Construction, Mental Health).

Zheng v Commissioner of the Australian Federal Police  (2019) 136 SASR 303 (Constitutional Law, Proceeds of Crime, Treaty, Banking). See also [2020] HCATrans 91 (special leave refused).

S v M [2019] SASCFC 20 (Deceased Estates, De Facto Relationships, Extension of time).

Selected recent trial cases

Moloney v Heyward [2022] SASC 79 (Wills, Undue Influence, Testamentary Capacity). First successful claim that a will was invalid for undue influence in South Australia.

ABB19 v Minister for Immigration [2022] FCA 715 (Administrative Law, Migration, right to enter and reside, South Africa).

Fairfield Pastoral Holdings v Ridge Estate [2022] FCA 1 (Trusts, Statute of Elizabeth, Secret Commissions).

H v K [2021] SASC 128 (De Facto Relationship, Res Judicata, Issue Estoppel, Cross-Vesting). See also [2019] SASC 67; [2022] SASC 49.

Chronis v Karan [2021] SASC 87 (Wills, Testamentary Capacity).

Estate of Liu [2021] SASC 82 (Deceased Estates, Private International Law, China, Anti-Suit Injunction). Successful application to restrain proceedings in China. See also [2020] SASC 143.

Equity Trustees Wealth Services Ltd v Wedge [2021] SASC 80 (Wills, Construction, Statutory Lapse).

Peraj v Minister for Immigration, Minister for Immigration, Citizenship [2021] FCA 184  (Administrative Law, Migration, PIC 4020, Italy).

Roberts v Roberts [2021] SASC 72 (Estoppel, Contract, Farm Dispute), .

Estate of Perla [2020] SASC 153 (Deceased Estates, Private International Law, Florida).

Public Trustee v Commonwealth Bank of Australia [2018] SASC 25 (Deceased Estates, Banking, Executor de son tort, Equitable Set-Off).

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.