Sim Moore: A Visionary Approach to Thoughtful and Impactful Law

Sim Moore: A Visionary Approach to Thoughtful and Impactful Law | The Enterprise World

Sim Moore, the visionary Founder of Sim & Co Legal Services, has built a reputation for his bold, client-focused approach to legal representation. Sim has built a reputation for integrity and resilience. As Sim & Co expands its services into global consultancy and risk analysis, Sim’s vision remains to ensure that his clients are provided with considered and dedicated advice, analysis, and representation— representing the firm’s ethos of considered and thoughtful representation.

The first challenge that Sim Moore encountered in the creation of his firm was the decision of Justice John Logan in the case of Donoghue v Commissioner of Taxation [2015] FCA 235.  

Journalist Nassim Khadem, referring to the decision of Justice Logan, published an article titled, ‘You should be very worried’: Adviser’s warning to a client’ in which it was effectively imputed, amongst other things, that Sim had committed the crime of extortion against one Mr Garry Donoghue. The sensationalist Ms Khadem apparently failed to even grasp that if there was any substance to this allegation, then, at the very least Mr Donoghue, would have caused criminal charges to be laid against Sim Moore. Which, plainly, never occurred. 

Then, in what can only be described as a very ironic turn of events – and a very very damaging turn of events – the purported findings of Justice Logan were adopted in publications of parliament and even the Law Council of Australia. 

Two paragraphs of the judgement, however, prove compelling, that is, those paragraphs noting that, in flagrant disregard of the principles of natural justice, Justice Logan made his purported findings of “extortion” without Sim Moore even present before the Court. His Honour said:

‘[16] The same cannot be said in respect of … Simeon, for neither gave evidence. There came later to be a falling out between Mr Donoghue and Simeon Moore. As a direct result of that, Sim Moore came to be an informant for the Commissioner. Given this and in light of a course of events which I shall relate more fully shortly, if Simeon Moore, especially, were to be called at all, he was a witness whom one might have expected would have been called in the Commissioner’s case.

The evidence was that he was, at the time of trial, resident in Australia and had by then been admitted as a legal practitioner. There may well be reasons, arising from the course of events I relate, why Sim Moore may have been reluctant to give evidence.

[17] The absence of evidence from Sim Moore …’.  

Sim notes that he was not even provided the courtesy of being contacted to give any evidence in the case, noting, that given – in particular – the gravity of the allegations made by Mr Donoghue, Justice Logan and the Australian Taxation Office, the Rule of Law demanded that Sim be before the Court to answer those allegations.   

The ineptness of His Honour Justice Logan is plainly evident in his own allegations. Justice Logan termed Sim a ‘law student’, stated that legal privilege applied to documents taken by the ATO, only for the Full Court of the Federal Court of Australia to find that Justice Logan was wrong, that is, that legal privilege did not apply. 

Given the findings of the Full Court of the Federal Court of Australia, and noting Justice Logan termed Sim a mere law student, it is plainly evident that, on the purported findings of Justice Logan, a law student was better able to comprehend what actually constitutes legal privilege than was His Honour Justice Logan. 

Justice Logan also termed Sim ‘an informant’. The purported findings of Justice Logan again remain problematic as if Sim was an informant, then, his identity would have been protected. The very fact that it was not goes against His Honour Justice Logan’s finding that Sim was an informant, as alleged by Justice Logan through his findings, which, Justice Logan must have known being a former public servant employee of the Australian Taxation Office for many many years before, through a process of self-promotion, coming to occupy the position of President of the Australian Defence Force Discipline Appeal Tribunal. 

What then ensued was a process of the Law Society of New South Wales undertaking a relentless pursuit of Sim in an attempt to have Sim unable to practice law. At the time, indeed for many years after, Sim says, ‘I was told by senior members of the profession, generally, that I was to “keep my mouth shut” as, simply put, if I dared to pursue Justice Logan, then, I would be pursued including on the basis that I had brought the legal profession into disrepute’. Sim notes that such notion attributed to Sim the flagrant disregard for the Rule of Law committed by Justice Logan.

In a damning indictment on many within the Australian Legal Profession, and many from the general public, few individuals causing or reading the various articles published regarding the case and the alleged conduct of Sim – including those by the Law Council of Australia – noted the egregious and flagrant disregard of the Rule of Law committed by Justice Logan, Brett Walker SC and the Australian Taxation Office: that is, the very fact that by their conduct Sim was not present before the Court to defend the allegations made.  

Sim notes that he has worked with some very good lawyers since publication of Ms Khadem’s article. However, Sim also says that ‘none of Justice Logan, Brett Walker SC nor the members of the Australian Taxation Office involved in the case have apologised to this day for their conduct in the case, noting that responsibility ultimately rests on the shoulders of Justice Logan, who, is entirely responsible for his defamatory findings and the ramifications of his findings’.

Sim further notes that Mr Brett Walker SC did not return the brief while the allegations were made against Sim, that is, Mr Walker SC actively participated in the blatant disregard for the Rule of Law which permeates the case. This fact is clearly evident from the very fact that he was and remains noted in the judgement of Donoghue v Commissioner of Taxation [2015] FCA 235 as counsel appearing for Mr Donoghue. 

Pursuant to Rule 1.32 of the Federal Court of Australia Rules Justice John Logan had the choice to cause Sim to be before the Court, and, instead of doing so made allegation after allegation after allegation without even causing Sim to be provided the opportunity to be heard in the proceedings. Sim says, ‘it certainly appears, for events I relate, that he elected not to cause me before the Court.

Namely, I was never before the Court, as noted in paragraphs 15 and 16 of the judgement, and yet, the allegations were made. Hubris and the desire to advance oneself by abusing one’s power and to the detriment of another is a dreadful thing. Common, in my experience, both personally and professionally to date, but dreadful’. 

The fall out of Justice Logan’s conduct in his hearing and presiding over the case included the Law Society of New South Wales commencing an action against Sim. By their own admission, the Law Society commenced that action without producing a morsel of evidence as to how it was that evidence it purported to have was not brought before the Court, which fact, Sim says, ‘certainly permits the finding that the intention of the Law Society of New South Wales was to protect the misconduct of Justice Logan, Brett Walker SC and the Australian Taxation Office, that is, to preserve the air of “legality” around the misconduct permeating the case’. 

So, where is Sim & Co Legal Services heading. Simply, my ethos is to provide top tier service and my objective is to commence in forging strong partnerships including in terms of expanding our business activities into consultancy and geo-political risk analysis. In terms of family law, an area of law I enjoy greatly, I will continue to do what I believe we do very well including challenging cases where significant psychiatric and psychological illnesses and disorders are in issue as well as challenging property matters. 

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