submitted by Dean Coroneos on 18.06.2005
Judge Theodore Simos. Upon his appointment to the Bench in 1995.
Written by: R P Meagher
Personalia Section, Australian Law Journal. August 1995, page 613.
On 31 January 1995 Theodore Simos QC was sworn in as a judge of the Supreme Court of New South Wales. Amongst the many people who attended the ceremonial was Sir Arthur Mason (then Chief Justice of the High Court of Australia), with whom his Honour read, when he commenced practice at the Bar.
Born in Katoomba, his Honour was educated at Miss Long’s School, Katoomba; Katoomba Primary School; St Bernard’s College, Katoomba; Sydney Grammar School and the University of Sydney, from which he graduated BA in 1953 and LLB (first class honours) in 1956.
His Honour’s academic record at the University of Sydney culminated in the award to him of the University Medal in Law (1956), the Walter Reed Scholarship (1956), and a University of Sydney Postgraduate Research Travelling Scholarship (1956-1957 and 1957-1958).
In the course of his undergraduate studies he had earlier received the George and Matilda Harris Scholarship No. 1 A for general proficiency in the third year of the four year law course (1954); the John Geddes Memorial Prize for Equity (1954); the John George Dalley Prize No 1A for general proficiency in the fourth year of the four-year law course (1955); the Sir John Peden Memorial Prize for the greatest proficiency shown in the subjects of constitutional law, the law of property and private international law (1955-shared) and the W W Monahan Scholarship for the highest proficiency in the examination in evidence (1955-shared).
In 1955 he served as the student editor-in-chief of the Sydney Law Review.
In 1956 he attended Oxford University, England.
Theodore Simos's Handbook To The University Of Oxford
In 1958 his Honour graduated Bachelor of Letters from Oxford University (for a thesis entitled "Federal Judicial Power in Australia") and, in 1959, he graduated Master of Laws from Harvard University where, among other subjects, he studied constitutional law under the late Professor Paul Freund.
Having served articles of clerkship with Messrs Dowling Tayler Pratt and Nicol, solicitors, of Sydney,his Honour was admitted to practice as a barrister of the Supreme Court of New South Wales on 8 June 1956. Having completed his post-graduate studies, he commenced practice at the Bar on 15 March 1960. He was appointed Queen’s Counsel in 1974.
His practice, both as a junior and as a silk, was oriented towards equity, commercial law, intellectual property and administrative law. He appeared in all courts and argued many appeals before the High Court of Australia and the Privy Council. He was admitted to practice in Victoria, the Australian Capital Territory, Tasmania and Papua-New Guinea as well as New South Wales.
He was leading counsel for the British government in the celebrated Spycatcher case. He has also appeared for the President of the Senate and to assist Senate Committees including the Senate Committee of Privileges.
Throughout his career at the Bar he maintained an active interest in legal education and the administration of the Bar. Between 1964-1969 he was an Examiner in Equity for the Solicitors and Banisters Admission Boards. Between 1966-1974 he was a lecturer (part-time) in equity at the University of Sydney Law School. He served on the Council of the New South Wales Bar Association between 1965-1969 and 1976-1979, serving as Honorary Secretary of the Association in 1966-1967 and as its Honorary Treasurer in 1976-1977. He was a member of the Council for Continuing Legal Studies of the New South Wales Bar Association which conducted seminars for members of the Bar. He also served as editor of the Australian Bar Gazette (1966-1970); Honorary Secretary of the Australian Bar Association (1968-1969); President of the Harvard Club of Australia (1974-1976); a member of the Council of the Commercial Law Association (1975-1990), a member of the Supreme Court Rules Committee (1977-1983); a member of the Banisters Admission Board (1978-1980); a member of the Joint Examinations Board (1978-1980); President of the Sydney University Law Graduates Association (1984-1991) and a director of the Banisters Superannuation Fund Pty Ltd (1976-1991). In 1966 he was a member of the Constitution Drafting Committee for Lawasia.
Between 1982-1990 his Honour served as a part-time member of the Australian Reform Commission. In that capacity his Honour was for a number of years a member of the division of the Comnussion which was responsible for making recommendations as to the reform of the law of evidence. The Evidence Act 1995 (Cth) is, in large part, the result of the work of that division.
His Honour is married with two sons and one daughter and enjoys travel, tennis and fishing when time permits.
As a judge of the Supreme Court his Honour has been assigned to sit primarily in its Equity Division.
Justice Simos's parents owned the world-famous Paragon Cafe at Katoomba. Numerous entries about this cafe, the Simos family, and other Kytherians who have lived, and continue to live in Katoomba are extant at kythera-family, and can be accessed by utilising the internal search engine.
Paragon Cafe, 2004, with Simos family photographs still prominently displayed
For a photograph of Theodore Simos as a young boy
Obituary, Sydney Morning Herald, Jun 2, 2009:
Obituary, O Kosmos, Sydney. Wednesday 3rd of June, 2009, page 24.
All the photographs on this page derive from www.kythera-family.net
Theodore Simos article in Kosmos newspaper.pdf
This entry serves as a introduction to Theodore Simos's life. It is hoped that it will illicit more comprehensive details about his life history from Simos family members, and friends.
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