Dr Simon Smith AM: Pioneer Of Dispute Resolution
50 Years / 50 Voices: Learning law and changing lives is a commemorative volume marking the 50th anniversary of the ongoing Monash Law Clinical Program, a pioneering initiative in clinical legal education undertaken by the Faculty of Law at Monash University. 50 alumni of the Monash Law Clinical Program shared their story with 50 current students of the same program. This is an excerpt from the book.
Attorney-General Lionel Bowen (right) with Springvale Legal Service Coordinator Simon Smith (left). Monash University Archives
Dr Simon Smith AM was the founding coordinator of Springvale Legal Service and Australia’s first legal clinician-academic. He was the lynchpin for Springvale Legal Service from 1978 to 1988, and was described by Kerry Greenwood as ‘a driving force’ who left an ‘irremovable mark’ on the legal service.
Smith was one of around 30 Monash Law students who ‘became actively engaged in making the law more accessible’. In 1971, the group’s efforts led to the establishment of the Monash Student Legal Referral Service, a phone referral service run by law student volunteers at the premises of the Melbourne Citizens Advice Bureau. Third, fourth and final year students were rostered to take phone calls from people seeking legal assistance. Once a caller’s problem was identified, a student would contact a Monash academic with relevant knowledge for legal advice and referral information, which the student would then relay back to the original caller.
Read more about 50 years of Monash Law Clinics and buy 50 Years / 50 Voices here
In 1978, Monash Law Dean Professor Gerry Nash (who in 1975 had been Monash Law’s first Professional Practice supervisor) employed Smith as an administrative assistant, his work focused on the coordination of Springvale Legal Service and on supervising students. Smith’s appointment was converted to a lectureship in 1982.
In 1986, Smith led efforts to raise funds for new premises for Springvale Legal Service and the Springvale Community Aid and Advice Bureau. Those involved with the clinical program worked towards obtaining funds for a purpose-built building, and secured funding from local and state governments, philanthropists, the Legal Aid Commission of Victoria and Monash University. The new building placed the Monash clinical program on a much firmer footing. It was an extraordinary achievement, and the key figures in the clinical program at that time (most notably Susan Campbell and Guy Powles) gave much of the credit for this outcome to Smith. The very substantial community-service focus of Springvale Legal Service was a major factor in attracting such considerable funding.
L to R: Attorney-General Jim Kennan, Peter McCall, Kevin Westfold, Sue Campbell, Bob Baxt, Jim Kennan and Simon Smith at Springvale Legal Service, 1985. Monash University Archives
Smith pressed for law reform on grassroots civil justice issues. Two such issues were the regulation of the billing practices of solicitors and the inadequacies of Victorian laws relating to motor-vehicle accidents. Smith acted for many clients who had proceedings issued against them by a solicitor seeking payment of legal fees they had already paid years earlier. Smith describes his time at Springvale Legal Service as ‘both exciting and fun. It was a very special opportunity to make a contribution. I would not have missed it for quids.’
‘Of my time at Springvale, one of my best memories was how much fun it was with things like the Slade Trophy nights. My view was that the law can be fun and that the positive memories students made in that final year they would take with them into their professional lives. Lifelong friends were made.’
After leaving Springvale Legal Service and Monash, Smith was a pioneer in alternative dispute resolution and was the first Ombudsman in the Australian financial-services sector. In 1991, he was a founding member of the Society of Consumer Affairs Professionals Australia and became its president in 1996. He was also Senior Counsel with a top 500 insurance company and a curator of the nationally significant insurance archive, the Suncorp Insurance Archive, now in the hands of State Library Victoria.
In the 2019 Australia Day honours, Smith was appointed a Member of the Order of Australia for significant service to the law, particularly in consumer affairs, to higher education and to history.
Read more about 50 years of Monash Law Clinics and buy 50 Years / 50 Voices here
Get involved with Monash Law Clinics
Monash Law Clinics combine legal education with real-world impact, supporting access to justice while equipping students with practical, ethical and professional skills.
If you are a student interested in undertaking a clinical unit as part of your studies, explore the available clinical placements and elective options.
Whether you’re an alum, practitioner or organisation keen to support the clinics through hosting placements, partnerships, volunteering or funding, there’s a way to be involved. To learn more, contact Emily Collard, Industry & Alumni Engagement Manager, at emily.collard@monash.edu.