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Experience

James practises mainly in commercial and public law. He has particular interests in equity and trusts, insurance, and in cross-border disputes.

Before coming to the bar, James was an Associate at Allens, where he practised in commercial litigation with a focus on regulatory and insurance-related disputes.

He graduated from the University of Melbourne with first class honours in law, history and art history, and from the University of Oxford with a doctorate in history.

In 2007, he was Associate to Justice Gummow of the High Court of Australia. He is a past editor of the Melbourne University Law Review, and is a reporter for the Commonwealth Law Reports. He is the Honorary Correspondent for the Selden Society in Victoria.

James teaches Trusts at the University of Melbourne. He formerly taught law at the University of Cambridge, where he was a fellow of Selwyn College.

James read with Michael Rush KC. His senior mentor is Philip Solomon KC.

Cases:

High Court of Australia

• GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 (for the appellant, led by P D Herzfeld)
• Binsaris v Northern Territory (2020) 270 CLR 549 (for the appellants, led by B W Walker SC and K E Foley)
• Hocking v Director-General of the National Archives of Australia (2020) 271 CLR 1 (for the respondent, led by S P Donaghue QC, C L Lenehan SC and D M Forrester)
• Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560 (for the respondent, led by J P Moore QC and A J Laird)
• Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 268 CLR 524 (for the respondent, led by J P Moore QC)

Victorian Court of Appeal

• Melbourne Water Corporation v Vaughan Constructions Pty Ltd [2022] VSCA 241 (for the appellant, led by P H Solomon KC and R Andrew)
• Lonergan v Sisters of St Joseph [2022] VSCA 208 (for the appellant, unled, with A Wharldall)
• Butler v Kenny [2022] VSCA 102 (for the respondents, unled)
• Willis v Crosland (No 2) [2021] VSCA 360 (for the appellant, led by P H Solomon QC)
• Willis v Crosland (2021) 65 VR 1; [2021] VSCA 320 (for the appellant, led by P H Solomon QC)
• Amcor v Barnes (No 2) [2021] VSCA 87 (for the first respondent, unled)
• Amcor v Barnes [2021] VSCA 6 (for the first respondent, led by J P Moore QC)
• Schmidt v AHRKalimpa Pty Ltd [2020] VSCA 193 (for the appellants, led by J P Moore QC and C R Northrop)
• Noori v Topaz Fine Foods Pty Ltd [2018] VSCA 323 (for the respondent, led by J Ruskin QC)
• McNab v Graham (No 2) [2018] VSCA 8 (for the respondents, led by M F Wheelahan QC)
• McNab v Graham (2017) 53 VR 311; [2017] VSCA 352 (for the respondents, led by M F Wheelahan QC)
• Royal Bank of Scotland PLC v Babcock & Brown DIF III Global Co-Investment Fund LP [2017] VSCA 138 (for the first appellant, led by M I Borsky QC)
• Mitchell v Latrobe Regional Hospital (2016) 51 VR 581; [2016] VSCA 342 (for the plaintiff, led by M F Wheelahan QC)

Full Federal Court

• Mawhinney v Australian Securities and Investments Commission (No 2) [2022] FCAFC 205 (unled)
• Mawhinney v Australian Securities and Investments Commission (2022) 405 ALR 292; [2022] FCAFC 159 (unled)
• Campbell v Northern Territory of Australia (2022) 289 FCR 148 (for the appellant, unled)
• TechnologyOne Ltd v Roohizadegan (2021) 309 IR 262; [2021] FCAFC 137 (for the appellants, led by S J Wood QC and B Jellis, with P J Jeffreys)

Supreme Court of Victoria

• The Uniting Church in Australia Property Trust (Vic) v Attorney-General (Vic) (No 2) [2022] VSC 764 (for the plaintiff, unled)
• The Uniting Church in Australia Property Trust (Vic) v Attorney-General (Vic) [2022] VSC 610 (for the plaintiff, unled)
• Re HEST Australia Ltd (2021) 66 VR 338; [2021] VSC 809 (for the plaintiff, led by P H Solomon QC, with J R Wang)
• Re Estate of Henry Brough Smith; Perpetual Trustee Company Ltd v Uniting (Victoria and Tasmania) Ltd (2020) 19 ASTLR 531; [2020] VSC 378 (for the first and second defendants, unled)
• Re Coghlan; Merriman v Attorney-General (No 2) [2020] VSC 668 (for the plaintiff, unled)
• Re Coghlan; Merriman v Attorney-General for the State of Victoria [2020] VSC 392 (for the plaintiff, unled)
• Sheppard v Uniting Church in Australia Property Trust (Vic) [2020] VSC 12 (for the defendant, unled)
• Chickabo Pty Ltd v Zphere Pty Ltd (No 2) [2019] VSC 580 (for the plaintiffs, led by J P Moore QC)
• Re Wilson: Wilson v Dillon [2019] VSC 211 (for the plaintiff, unled)
• Chickabo Pty Ltd v Zphere Pty Ltd (2019) 57 VR 406; [2019] VSC 73 (for the plaintiffs, led by J P Moore QC)
• Re Milenkovich; State Trustees Ltd v Melbourne Health [2018] VSC 598 (for Melbourne Health, led by I J Hardingham QC)
• Presbyterian Church of Victoria Trusts Corporation v Anstee (No 4) [2018] VSC 200 (for the sixth defendant, Board of Management of the Scots’ Church, unled)
• Babcock & Brown DIF III Global Co-Investment Fund LP v Babcock & Brown International Pty Ltd (No 2) [2017] VSC 556 (for Royal Bank of Scotland, led by M I Borsky QC)
• Presbyterian Church of Victoria Trusts Corporation v Anstee (No 2) [2017] VSC 102 (for the sixth defendant, Board of Management of the Scots’ Church, led by P H Solomon QC)
• Re Ausinca Resources Limited [2017] VSC 129 (for the plaintiffs, unled)
• Babcock & Brown DIF III Global Co-Investment Fund, LP v The Royal Bank of Scotland PLC [2016] VSC 769 (for the defendant / applicant, led by M I Borsky SC)

Supreme Court of New South Wales

• David v Kazal [2019] NSWSC 1763 (for the defendants, unled)
• DIF III – Global Co-Investment Fund LP v Babcock & Brown International Pty Ltd [2019] NSWSC 527 (for Royal Bank of Scotland, led by P Zappia QC)

Supreme Court of Western Australia

• Cardaci v Cardaci [No 5] [2021] WASC 331 (for the plaintiff, led by M D Cuerden SC, G D Cobby SC, and L Pham)
• Cardaci v Cardaci [No 2] [2019] WASC 274 (for the plaintiff, led by M D Cuerden SC)

Federal Court of Australia

• White (Trustee) v MWL Financial Group Pty Ltd [2018] FCA 2018 (for the applicants, led by J P Moore QC)

Victorian Civil and Administrative Tribunal

• Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and Property) [2022] VCAT 821 (for Melbourne Water, led by P H Solomon QC and R Andrew)
• Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and Property) [2022] VCAT 633 (for Melbourne Water, led by P H Solomon QC and R Andrew)

From 6th May 2016, liability limited by a scheme approved under Professional Standards legislation.