Simon Frauenfelder

Barrister
Simon Frauenfelder

About Simon

Simon practises in commercial litigation and public law.  He appears in trials and appeals and has particular expertise in disputes sitting at the crossover of public and private law.

In commercial law, Simon’s experience spans property, shareholder, insurance and general commercial disputes as well as commercial applications of equity and trusts.  He has significant experience with large-scale claims in nuisance, particularly in the wind farm industry, and acts for and against regulators in regulatory investigations and proceedings.

In public law, Simon specialises in cases that mix public law with private law liability – including malicious prosecution, misfeasance in public office, false imprisonment, novel duties in negligence, public interest immunity and class actions.  He also has experience in judicial review proceedings in superior courts.

Simon appears in inquiries, including Royal Commissions, and acted long-term for Victoria Police and individual officers in the Royal Commission into the Management of Police Informants.

Before coming to the Bar, Simon was Associate to the Hon Justice Michelle Gordon AC of the High Court of Australia and a Senior Associate in commercial litigation at Corrs Chambers Westgarth.  

Since 2020, he has lectured in private law at the University of Melbourne, teaching subjects including RemediesEquity & Trusts and Property.  His academic work has appeared in the Australian Law Journal, Journal of Contract LawCriminal Law Journal and others.

To see a selected list of Simon’s recent cases, please click here.

*Liability limited by a scheme approved under Professional Standards legislation

Qualifications

  • Master of Laws (University of Melbourne)
  • Bachelor of Laws (University of Melbourne) (First Class Honours)
  • Bachelor of Arts (University of Melbourne)

Memberships & Associations

  • Simon is a reporter for the Australian Corporations and Securities Reports and the Australian Law Reports

Publications

  • ‘Implied Terms – Are the BP Refinery Criteria Broken? A Theoretical and Empirical Analysis’ (2023) 38 Journal of Contract Law 103
  • “Penalty Privilege in Non-curial Proceedings: The Decision in Frugtniet” (2019) 93 Australian Law Journal 1007
  • “Compulsorily Obtained Material and Interference with Criminal Processes” (2019) 43 Criminal Law Journal 101
  • “Performance Anxiety – Intention and Ability to Rectify and the Award of Rectification Damages” (2012) 28 Building and Construction Law Journal 90

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