James Stoller


Barrister

Admitted:
15 Aug 2006
Bar:
10 May 2018
Location:
Room 1901, Owen Dixon Chambers West,
525 Lonsdale Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

James practises in commercial, public and regulatory, and common law.  

Public and regulatory law

James appears and advises in relation to:

  • Judicial review proceedings and statutory appeals. 
  • Professional disciplinary, licensing, and other regulatory proceedings.  
  • Merits review proceedings before VCAT and other specialist tribunals, including in relation to professional and occupational regulation, licensing, payment of statutory benefits, and freedom of information.
  • Various other public law matters, including discrimination proceedings, commissions of inquiry, disputes in relation to public interest immunity and client legal privilege, applications for closed court and proceeding suppression orders, and statutory prosecutions in a regulatory context. 

James regularly appears in urgent and sensitive matters, including applications to stay administrative decisions.

He is briefed by government agencies and private clients to advise on statutory interpretation and the exercise of government power.  

Commercial law

James has a broad commercial practice, with experience in insolvency, corporations law, trade practices, retail leasing, property, general contractual disputes, and negligence.

James has particular expertise in commercial matters involving regulators. 

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 Principal Solicitor in the Government and Public Law Branch of the Victorian Government Solicitor’s Office, specialising in administrative law litigation.  He also practised in commercial litigation in private practice, and in the Civil Law section at the North Australian Aboriginal Justice Agency in Darwin, specialising in administrative law and intentional torts.

James is a reporter for the Victorian Reports.  He read with Christopher Archibald QC. 

Recent Cases

Some of James' recent appearances include:

  • 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) – Federal Court injunction applications, acting for applicants seeking urgent transfer from the Regional Processing Centre in Nauru to Australia for medical treatment.
  • In the matter of Orico Australia Pty Ltd [2019] VSC 313 – corporations, derivative action.
  • Secretary to the Department of Justice v McIntyre [2019] VSC 105; 56 VR 526 – administrative law, appeal to the Supreme Court on a question of law (with K Evans, P Panayi).
  • Efektiv Pty Ltd v  Hodge [2019] VSC 636 - appeal from Associate Judge - application to stay order of VCAT pending 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.
  • TJS v Department of Education and Training (Review and Regulation) [2019] VCAT 729 – administrative law, merits review, education and care regulation.
  • Shortis v Chief Commissioner of Police (Review and Regulation) [2019] VCAT 1379 - administrative law, merits review, private security regulation.
  • Doggett v Chief Commissioner of Police (Review and Regulation) [2019] VCAT 1198 - administrative law, merits review, private security regulation. 
  • BGN17 v Minister for Immigration & Anor [2019] FCCA 961 – judicial review, migration.
  • Donne & Donne [2018] FCCA 2887 – acting for the Chief Commissioner of Police in third party application for closed court and proceeding suppression orders.
  • Re Friedman (a pseudonym) [2019] VSC 251 – crimes mental impairment.
  • Medical Board of Australia v PXI (Review and Regulation) [2019] VCAT 63 - professional discipline.
  • Psychology Board of Australia v Asher (Review and Regulation) [2019] VCAT 759 – professional discipline (led by J Hannebery QC).
  • Medical Board of Australia v Yeo (Review and Regulation) [2019] VCAT 1058 (with R Ellyard) - professional discipline.
  • Medical Board of Australia v Nyanhemwa (Review and Regulation) [2019] VCAT 1352 - professional discipline. 
  • Occupational Therapy Board of Australia v Cornelio (Review and Regulation) [2019] VCAT 20 – professional discipline.
  • Medical Board of Australia v Jiang (Review and Regulation) [2018] VCAT 1999 – professional discipline.

 

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

AREAS OF PRACTICE

Appellate
Commercial Law
Common Law
Criminal Law
Inquests, Inquiries, Tribunals & Commissions
Public Law & Administrative Law

Profile1

James practises in commercial, public and regulatory, and common law.  

Public and regulatory law

James appears and advises in relation to:

  • Judicial review proceedings and statutory appeals. 
  • Professional disciplinary, licensing, and other regulatory proceedings.  
  • Merits review proceedings before VCAT and other specialist tribunals, including in relation to professional and occupational regulation, licensing, payment of statutory benefits, and freedom of information.
  • Various other public law matters, including discrimination proceedings, commissions of inquiry, disputes in relation to public interest immunity and client legal privilege, applications for closed court and proceeding suppression orders, and statutory prosecutions in a regulatory context. 

James regularly appears in urgent and sensitive matters, including applications to stay administrative decisions.

He is briefed by government agencies and private clients to advise on statutory interpretation and the exercise of government power.  

Commercial law

James has a broad commercial practice, with experience in insolvency, corporations law, trade practices, retail leasing, property, general contractual disputes, and negligence.

James has particular expertise in commercial matters involving regulators. 

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 Principal Solicitor in the Government and Public Law Branch of the Victorian Government Solicitor’s Office, specialising in administrative law litigation.  He also practised in commercial litigation in private practice, and in the Civil Law section at the North Australian Aboriginal Justice Agency in Darwin, specialising in administrative law and intentional torts.

James is a reporter for the Victorian Reports.  He read with Christopher Archibald QC. 

Recent Cases

Some of James' recent appearances include:

  • 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) – Federal Court injunction applications, acting for applicants seeking urgent transfer from the Regional Processing Centre in Nauru to Australia for medical treatment.
  • In the matter of Orico Australia Pty Ltd [2019] VSC 313 – corporations, derivative action.
  • Secretary to the Department of Justice v McIntyre [2019] VSC 105; 56 VR 526 – administrative law, appeal to the Supreme Court on a question of law (with K Evans, P Panayi).
  • Efektiv Pty Ltd v  Hodge [2019] VSC 636 - appeal from Associate Judge - application to stay order of VCAT pending 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.
  • TJS v Department of Education and Training (Review and Regulation) [2019] VCAT 729 – administrative law, merits review, education and care regulation.
  • Shortis v Chief Commissioner of Police (Review and Regulation) [2019] VCAT 1379 - administrative law, merits review, private security regulation.
  • Doggett v Chief Commissioner of Police (Review and Regulation) [2019] VCAT 1198 - administrative law, merits review, private security regulation. 
  • BGN17 v Minister for Immigration & Anor [2019] FCCA 961 – judicial review, migration.
  • Donne & Donne [2018] FCCA 2887 – acting for the Chief Commissioner of Police in third party application for closed court and proceeding suppression orders.
  • Re Friedman (a pseudonym) [2019] VSC 251 – crimes mental impairment.
  • Medical Board of Australia v PXI (Review and Regulation) [2019] VCAT 63 - professional discipline.
  • Psychology Board of Australia v Asher (Review and Regulation) [2019] VCAT 759 – professional discipline (led by J Hannebery QC).
  • Medical Board of Australia v Yeo (Review and Regulation) [2019] VCAT 1058 (with R Ellyard) - professional discipline.
  • Medical Board of Australia v Nyanhemwa (Review and Regulation) [2019] VCAT 1352 - professional discipline. 
  • Occupational Therapy Board of Australia v Cornelio (Review and Regulation) [2019] VCAT 20 – professional discipline.
  • Medical Board of Australia v Jiang (Review and Regulation) [2018] VCAT 1999 – professional discipline.