Image of Simon Bourke

Simon Bourke

Lawyer

Simon has experience advising on a range of litigious matters, with a particular focus on construction and mining-related disputes in the APAC region.
Simon also has experience in matters determined by international commercial arbitrations.
 
Prior to joining the firm, Simon acted as associate at the Federal Court of Australia. 
 
Simon was the 2022 winner of the Australian Disputes Centre's 'Under 30 ADR Practitioner of the Year' award.

Experience

Representative matters

  • A multinational oil and gas company on a series of international arbitrations arising from the construction of an onshore LNG plant and related offshore facilities totaling a combined value of USD5 bn. This include an offshore dredging contract, delays and defects, fabrication works, ground conditions and alleged changes in specifications. The advice also relates to defects in design and other non-conforming and defective works.
  • A multinational oil and gas company in international arbitration proceedings relating to allegations of a failure to supply, and interrelated claims of force majeure. This included a successful anti-suit injunction staying Court proceedings.
  • An international litigation funder in relation to the enforcement of an international arbitral award in Australia, in circumstances where the arbitral award has been challenged in another jurisdiction.
  • A major Australian iron ore mining company in relation to a compensation claim brought against it in relation to activities undertaken at its Pilbara operations.
  • A major Australian iron ore mining company in Warden's Court and Supreme Court proceedings in relation to a claim for royalties arising from an exploration license.
  • A multinational energy company on potential claims by its EPC contractor arising from the construction of a Victorian wind farm with nameplate capacity of 530MW.

Pro bono

  • Assisting a Law Access Referral client, in relation to a contractual dispute over the purchase of shares in mining equipment. Proceedings were commenced in the WA District Court prior to a mediated settlement.
  • Assisting our client with advice in relation to their legal position and rights after a property scheme collapsed.
  • Assisting the Pony Club of Western Australia in negotiating a settlement after a rider made a disability discrimination complaint against the club.

Awards

  • Under 30 ADR Practitioner of the Year, Australian ADR Awards, 2022

Qualifications

Admissions

Solicitor, Western Australia, December 2019

Academic

Juris Doctor, University of Western Australia, 2018

Bachelor of Commerce, University of Western Australia, 2015

Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.