Simone Jacobson

Insolvency

Appeared with P.Crutchfield SC in the Supreme Court in Birch Grange v CT. Acted for the Commissioner in 588FGB cases against directors; Appeared at winding up hearings and bankruptcy hearings for the DCT. Appeared for the Commissioner in Corporations list matters, Acted for directors sued by a liquidator for preferences; Briefed with Samantha Marks (then SC) drafted submissions on costs for bankruptcy hearings in the Federal Magistrates Court; appeared at directions hearings in the Federal Court on appeal.

Preparation of statutory demand and winding up application including against publicly listed company; Drafted points of defence and affidavit material in Federal Court matter for a director in respect of interlocutory process by Commissioner raising reasonable grounds to expect and expectation of solvency as at date of payments; Advised in relation to the PPSA inthe context of insolvency; Advised in relation to breaches of the Bankruptcy Act (criminal issues); Advised liquidators and directors in relation to insolvency issues, advised Commissioner of Taxation in several preference matters, examinations; Appearing with N. O’Bryan SC in an application for directions unders s479(3) Corporations Act for a liquidator involving a dispute with brothers in respect of accounting and other issues;

Taxation

Appeared with the then C. Maxwell QC and J.Batrouney S.C. in CT v Mochkin for the Commissioner (briefed by AGS) in the Full Court of the Federal Court. Appeared for the DCT in numerous defended debt matters (director penalty notices, income tax) in Supreme, County, and Magistrates Courts. Acted with the then M.Gordon SC for the DCT (in DCT v Eldridge). Appeared in the AAT sitting in Warnambool for the Commissioner of Taxation in a deductions case for an owner of rural land. Prepared objections for private clients. Appearedfor a financial professional in a tax prosecution matter. Appeared in an RBA matter with George Beaumont QC. Appeared for the Commissioner of State Revenue in Woodfield in VCAT in a stamp duty case; Appeared with J. Batrouney S.C. for the taxpayer in VCAT in a land tax matter relating to the principal residence exemption extending to four properties. Acted against the Commissioner in a land tax dispute with H. Symon S.C against the Commissioner of State Revenue and the State of Victoria, Advising a large remitter in the context of director penalty notices issued by the Commissioner; Acted against the Commissioner in the AAT and appearing at Early Neutral Evaluation in a matter alleging workers were contractors and not’employees’ and also for the purposes of s12(3) Superannuation Guarantee Charge Act 1992;
Acting for the Commissioner as intervenor in a Family Court matter at interlocutory stages and trial (unled) and, as junior counsel with P.Sest QC in relation to s90AE issues; advising on the impact of the Tomaras decision (FCFC and HC pending),

Proceeds of Crime

Acted in relation to an application for a restraining order in respect of overseas and Australian assets, and subsequent ancillary applications, for the AFP (led by N.O’Bryan SC) in a Project Wickenby matter, Advising (led by N.O’Bryan SC) in relation to other restraining order matters;

Trusts & Superannuation & Financial Services

Acted for a unit holder with D.Macclean SC and the late Peter Hayes QC in a dispute against the Trust for access to financial documents in the Supreme Court, Acted for a unitholder/beneficiary seeking distribution from the Trust, Advising SMSFs, Advising in relation to the Trustee Act; Advising in a matter relating to an ASIC investigation as to a financial services licence, Acted and appeared with N.O’Bryan SC in a Supreme Court commercial list matter for an authorised representative vis its financial service licensee; Advising in relation to the Corporations Act; Acting as junior counsel in class action matters(financial services/Corporations Act);

Debt Recovery work & damages claims

Advising and appearing in trials involving recovery of debts on behalf of private clients for liquidated claims. Acted for the ATO/ Commissioner of Taxation in a multitude of tax debt and director penalty notice cases including at summary judgement stage; Acted for and advised directors in relation to director penalty notice cases and contribution and indemnity issues; Drafting defence for a director on a guarantee claim pursued by a Receiver and advising; Acted for a party in a commercial arbitration (building case);

Administrative Law/FOI

Briefed to appear against DFAT for foreign state in an FOI hearing; various
advices; preparation of administrative law chapter for Law Handbook 2007; Appeared for the Asst Minister for Science & Innovation in relation to anti-dumping case in the Federal Court;

Professional negligence

Appeared with the late C. Francis Q.C. and the late Francine McNiff (acting for a barrister in a case in the Legal Practice Tribunal); Appeared with the late F. McNiff in the Supreme Court defending a barrister from being struck off the roll under the 1996 Legal Profession Practice Act.

Media

Acted against a publisher, advice and documentation in relation to film production, and copyright advice. Advised in relation to internet and defamation; Assisting a person who had her photograph inappropriately used on the cover of a book;