James has a broad practise in commercial, public and regulatory law. He also practises in some areas of common law.
Public and regulatory law
James acts for and against government parties in:
- Professional disciplinary matters.
- Civil penalty proceedings and regulatory prosecutions.
- Judicial review proceedings and statutory appeals.
- Planning and environmental cases.
- Merits review proceedings before VCAT and other specialist tribunals.
James regularly appears in urgent and sensitive matters, including applications for regulatory injunctions and to stay administrative decisions.
Commercial law
James has broad commercial experience, including in insolvency, corporations law, ACL proceedings, retail leasing, property, general contractual disputes, and negligence.
James has particular expertise in commercial matters involving regulators.
Commissions, Investigations, Inquests, and Inquiries
James has experience in a range of commissions of inquiry. He was briefed to advise the State of Victoria on various aspects of its response to the Royal Commission into Aged Care Quality and Safety and the Royal Commission into Victoria’s Mental Health System, and has acted for witnesses in a range of other inquiries (including before the Coroners Court, IBAC, the Victorian Inspectorate, and the Judicial Commission of Victoria).
James also has experience as counsel assisting at various statutory tribunals.
He is briefed to advise in respect of private and statutory investigations, and to appear in private tribunals.
Common law
James’ common law experience predominantly relates to his public law expertise: he is briefed in intentional tort claims, and matters that relate to alleged breaches of statutory duty and/or negligence by public entities.
Background
James was admitted to practise in 2006, and obtained a wide-range of experience as a solicitor before coming to the Bar. Most recently, he was a Principal Solicitor at the VGSO. He also practised in commercial litigation in private practice, at the Office of Public Prosecutions, and in the Civil Law section of the North Australian Aboriginal Justice Agency in Darwin.
James is a reporter for the Victorian Reports. He read with Christopher Archibald KC.
Recent Cases
Some of James' recent cases include:
Supreme Court of Victoria
- Barr Corporation v Roff [2023] VSC 692 (led by T Howard SC) - acting for the Environment Protection Authority in successful application for summary judgment - remedies under the Environment Protection Act 2017.
- Fidge v Medical Board of Australia [2023] VSCA 272 (led by N Wood SC) - administrative law, appeal on a question of law from orders of VCAT, regulation of medical practitioners.
- Draper v Victorian Building Authority [2022] VSC 488 - administrative law, judicial review, building practitioner regulation.
- Dadashy v Sholte [2021] VSC 246 - administrative law, judicial review.
- Kyriazis v Horton Crundle [2021] VSC 196 - administrative law, judicial review.
- Weq (a pseudonym) v Medical Board of Australia [2021] VSCA 343 - administrative law, appeal on a question of law from orders of VCAT.
- Draper v Building Practitioners Board and Anor [2020] VSC 866 – administrative law, adequacy of reasons for decision.
- Kweifio-Okai v SPG Corporation Pty Ltd [2020] VSC 386 – application for leave to appeal from orders of VCAT.
- Draper v VCAT [2020] VSC 720 – administrative law, judicial review, joinder.
- Secretary to the Department of Justice v McIntyre [2019] VSC 105; 56 VR 526 – administrative law, appeal on a question of law from an order of VCAT (with K Evans, P Panayi).
- Efektiv Pty Ltd v Hodge [2019] VSC 636 - appeal from Associate Judge – application to stay order of VCAT pending application for leave to appeal
- Kids R Creative Family Day Care Pty Ltd v Secretary, Department of Education and Training [2019] VSC 463 – judicial review, education and care regulation, costs of withdrawal.
- Re Orr: an application under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 [2020] VSC 406 – acting for the Attorney-General of Victoria in an application for extended leave.
Federal Court of Australia, Federal Circuit Court of Australia
- Australian Competition and Consumer Commission v Fitbit LLC [2023] FCA 1535 (led by K Morgan SC) - consumer law, civil penalties.
- ASIC v Mayfair Wealth Partners Pty Ltd [2020] FCA 494 (led by S Hay QC) – regulatory injunction, alleged misleading and deceptive conduct in the marketing of financial products.
- ELC17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 579 - judicial review, migration.
- EXO17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 582 - judicial review, migration.
- GPZ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA (led by C Horan QC, L De Ferrari SC); FNK18 v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA (led by L De Ferrari SC) –injunction applications, acting for applicants seeking urgent transfer from the Regional Processing Centre in Nauru to Australia for medical treatment.
- Donne & Donne [2018] FCCA 2887 – acting for the Chief Commissioner of Police in third party application for closed court and proceeding suppression orders.
Victorian Civil and Administrative Tribunal - Review and Regulation List
- Medical Board of Australia v Conron [2023] VCAT 15 - professional discipline - health practitioner regulation.
- Mao v Business Licensing Authority [2023] VCAT 25 - acting for Chief Commissioner of Police in application by media for access to documents in proceeding file, public interest immunity.
- Knight v Victorian Legal Services Board [2022] VCAT 87 - administrative law, merits review, legal practitioner regulation.
- Mizzo v Nursing and Midwifery Board of Australia [2022] VCAT 1043 - administrative law, merits review, stay of decision to take immediate action, health practitioner regulation.
- Kyle Road Developments Pty Ltd v Victorian Workcover Authority [2022] VCAT 1309 - administrative law, merits review, application to re-open proceedings under s 120A VCAT Act, with S Cherry.
- Bude v Nursing and Midwifery Board of Australia [2022] VCAT 1110 - administrative law, merits review, health practitioner regulation
- Little Sweethearts Family Day Care Pty Ltd v Department of Education and Training [2021] VCAT 1481 - administrative law, merits review, childcare regulation.
- Nursing and Midwifery Board of Australia v Stokes [2021] VCAT 1319 - professional discipline, health practitioner regulation.
- Draper v Victorian Building Authority [2021] VCAT 1280 - administrative law, merits review, regulation of registered building practitioners.
- Nursing and Midwifery Board of Australia v Clingin [2021] VCAT 1275 - professional discipline, health practitioner regulation.
- Nursing and Midwifery Board of Australia v TFQ [2021] VCAT 1176 - professional discipline, health practitioner regulation.
- Nursing and Midwifery Board of Australia v Spillard [2021] VCAT 1112 - professional discipline, health practitioner regulation.
- Eaves v Medical Board of Australia [2021] VCAT 772 - administrative law, merits review, health practitioner regulation.
- Nursing and Midwifery Board of Australia v TGA [2021] VCAT 220 - professional discipline, health practitioner regulation.
- Medical Board of Australia v Thomas [2021] VCAT 229 - professional discipline, health practitioner regulation.
- Medical Board of Australia v Khoo [2021] VCAT 67 – professional discipline, health practitioner regulation.
- Pharmacy Board of Australia v Soong [2020] VCAT 654 – professional discipline, health practitioner regulation.
- Jump Start Family Day Care Pty Ltd v Department of Education and Training [2019] VCAT 1631 – administrative law, merits review, education and care regulation.
- TJS v Department of Education and Training [2019] VCAT 729 – administrative law, merits review, education and care regulation.
- Shortis v Chief Commissioner of Police [2019] VCAT 1379 - administrative law, merits review, private security regulation.
- Doggett v Chief Commissioner of Police [2019] VCAT 1198 - administrative law, merits review, private security regulation.
- Medical Board of Australia v PXI [2019] VCAT 63 - professional discipline, health practitioner regulation.
- Psychology Board of Australia v Asher [2019] VCAT 759 – professional discipline, health practitioner regulation (led by J Hannebery QC).
- Psychology Board of Australia v Asher (No 2) [2019] VCAT 1957 – professional discipline, health practitioner regulation (led by J Hannebery QC).
- Psychology Board of Australia v Asher (Costs) [2020] VCAT 1281 – costs of professional disciplinary proceedings (led by J Hannebery QC).
- Medical Board of Australia v Yeo [2019] VCAT 1058 (with R Ellyard) - professional discipline, health practitioner regulation.
- Medical Board of Australia v Nyanhemwa [2019] VCAT 1352 - professional discipline, health practitioner regulation.
- Occupational Therapy Board of Australia v Cornelio [2019] VCAT 20 – professional discipline, health practitioner regulation.
- Medical Board of Australia v Jiang [2018] VCAT 1999 – professional discipline, health practitioner regulation.
