James Stoller


Barrister

Admitted:
15 Aug 2006
Bar:
10 May 2018
Location:
Room 1205, Owen Dixon Chambers West,
525 Lonsdale Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

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:

  • 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 anti-discrimination proceedings, commissions of inquiry, regulatory investigations, 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 for regulatory injunctions and to stay administrative decisions.

He has experience in a range of commissions of inquiry, having advised 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, acted for witnesses in a range of other inquiries (including at IBAC, the Victorian Inspectorate, and the Judicial Commission of Victoria), and has experience as counsel assisting.  He is also briefed to appear in private tribunals and in respect of both private and statutory investigations.

Commercial law

James has a broad commercial practise, with experience in insolvency, corporations law, ACL proceedings, 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 a 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 cases include:

Supreme Court of Victoria

  • Draper v Building Practitioners Board and Anor [2020] VSC 866 – administrative law, adequacy of reasons for decision.
  • In the matter of Orico Australia Pty Ltd [2019] VSC 313 – corporations, derivative action.
  • Efektiv Pty Ltd v Hodge [2019] VSC 636 - appeal from Associate Judge – application to stay order of VCAT pending application for leave to appeal.
  • 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).
  • 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 Friedman (a pseudonym) [2019] VSC 251 – acting for the Attorney-General of Victoria in a review of non-custodial supervision order.
  • 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.
  • Kyriazis v Horton Crundle [2021] VSC 196 - administrative law, judicial review.
  • Dadashy v Sholte [2021] VSC 246 - administrative law, judicial review.

Federal Court of Australia, Federal Circuit Court of Australia

  • 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.
  • 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.
  • 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.

Victorian Civil and Administrative Tribunal - Review and Regulation List

  • 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.

 

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
Industrial Relations Law & Employment Law
Inquests, Inquiries, Tribunals & Commissions
Public Law & Administrative Law

Profile1

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:

  • 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 anti-discrimination proceedings, commissions of inquiry, regulatory investigations, 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 for regulatory injunctions and to stay administrative decisions.

He has experience in a range of commissions of inquiry, having advised 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, acted for witnesses in a range of other inquiries (including at IBAC, the Victorian Inspectorate, and the Judicial Commission of Victoria), and has experience as counsel assisting.  He is also briefed to appear in private tribunals and in respect of both private and statutory investigations.

Commercial law

James has a broad commercial practise, with experience in insolvency, corporations law, ACL proceedings, 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 a 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 cases include:

Supreme Court of Victoria

  • Draper v Building Practitioners Board and Anor [2020] VSC 866 – administrative law, adequacy of reasons for decision.
  • In the matter of Orico Australia Pty Ltd [2019] VSC 313 – corporations, derivative action.
  • Efektiv Pty Ltd v Hodge [2019] VSC 636 - appeal from Associate Judge – application to stay order of VCAT pending application for leave to appeal.
  • 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).
  • 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 Friedman (a pseudonym) [2019] VSC 251 – acting for the Attorney-General of Victoria in a review of non-custodial supervision order.
  • 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.
  • Kyriazis v Horton Crundle [2021] VSC 196 - administrative law, judicial review.
  • Dadashy v Sholte [2021] VSC 246 - administrative law, judicial review.

Federal Court of Australia, Federal Circuit Court of Australia

  • 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.
  • 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.
  • 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.

Victorian Civil and Administrative Tribunal - Review and Regulation List

  • 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.