Barrister Information

Profile

James has a broad practise, specialising in public and regulatory law.  

Public and regulatory law

James is listed in Doyle's Guide as a Leading Administrative and Public Law Junior Counsel, Victoria 2024.  He 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.

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 has experience as counsel assisting a broad range of statutory commissions and tribunals.

He is briefed to advise in respect of private and statutory investigations, and to appear in private tribunals.

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.

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

  • Victorian Legal Services Board v Mericka [2024] VSC 1 - acting for the VLSB in an application for a solicitor to be removed from the roll of practitioners. 
  • Kyle Roads Development Pty Ltd v Victorian WorkCover AUthority  [2024] VSC 480 (led by N Wood SC) - administrative law, application for leave to appeal orders of VCAT.
  • Fidge v Medical Board of Australia [2024] VSC 471 (led by N Wood SC) - acting for the Medical Board of Australia in an application for leave to appeal orders of VCAT.
  • 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.

Federal Court of Australia, Federal Circuit Court of Australia

  • Victorian Institute of Teaching v Rachelle[2024] FCA 958 - administrative Law - appeal on a question of law from a decision of the AAT.
  • 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.

Victorian Civil and Administrative Tribunal - Review and Regulation and Legal Practice Lists

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.

Admitted

15 Aug 2006

Bar

10 May 2018

Areas of Expertise

    Appellate 2 Areas

    • Appellate Merits Review
    • Civil Appeals

    Commercial 4 Areas

    • Banking and Finance
    • Competition and Consumer Law
    • Contractual Disputes
    • Insurance and Professional Negligence

    Bankruptcy and Insolvency

    Building and Construction

    Public Administrative 10 Areas

    • Civil and Human Rights
    • Compliance and Investigations
    • Disciplinary Proceedings
    • Health and Medical
    • Immigration Law
    • Judicial Review and Administrative Law
    • Liquor Licensing
    • Merits Review
    • Migration Law
    • Privacy or Freedom of Information

    Corporations Law

    Sports Law 2 Areas

    • Disciplinary Tribunals
    • Doping or Drugs in Sports

    Industrial Employment 1 Areas

    • Industrial Employment Discrimination

    Government 1 Areas

    • Industry Regulations

    Common Law and Personal Injury 2 Areas

    • Intentional Torts
    • Medical Negligence

CPD Resources

Podcasts & Papers

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