James Stoller

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 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.

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 List

• Hon v Nursing and Midwifery Board of Australia [2024] VCAT 442 - professional discipline - health practitioner regulation. 
• Medical Board of Australia v Chu [2024] VCAT 89 - professional discipline - health practitioner regulation. 
• Nursing and Midwifery Board of Australia v HMI [2024] VCAT 171 - professional discipline - health practitioner regulation. 

• Nursing and Midwifery Board of Australia v Anni [2024] VCAT 214 - professional discipline - health practitioner regulation.

• 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.