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James Paterson

QUALIFICATIONS  LLB. B.A.
ADMITTED  1989    BAR  1993
CHAMBERS  ODW 1713

CLERK CONTACT  03 9225 7999
PHONE  9225 6487
MOBILE  0412 586 056
EMAIL  jpaterson@vicbar.com.au

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James Paterson, LLB. B.A.

AREAS OF PRACTICE

  • Administrative Law
  • Banking and Finance
  • Bankruptcy and Insolvency
  • Building and Construction
  • Commercial Law
  • Computers / IT
  • Consumer Law
  • Copyright
  • Corporations
  • Defamation
  • Environment and Planning Law
  • Equity / Equitable Relief / Trusts
  • Insurance
  • Intellectual Property
  • Local Government
  • Mediators
  • Mediators (Accredited)
  • Patent
  • Probate / Wills / Part IV
  • Professional Negligence
  • Rent
  • Schemes Of Arrangement
  • Sports Law
  • Torts (Other Than PI)

ENQUIRIES: dever@vicbar.com.au

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Experience

Mediation Qualification(s) AMDRAS Accrediated Mediator – 23 June 2023.

Approved External Mediator (Court Services Vic).

Experience

Extensive experience as a commercial barrister and nationally accredited mediator practising primarily in the civil jurisdictions of the Federal and State Courts and tribunals.

As an AMDRAS Accredited Mediator, James conducts mediations of a broad range of disputes including commercial & corporate, contractual, banking and finance, professional negligence, workplace and employment and property. James is an approved External Mediator (Court Services Victoria – LEM).

Retained as Counsel to advise and appear in common law and commercial matters involving negligence and other torts, contract, misrepresentation, unconscionable conduct, insolvency, banking, wills and estates and property for over 30 years.

Before being called to the Victorian Bar, James was Associate to the Hon.

Justice Olney of the Federal Court after practising as a commercial solicitor.

Read with Robin Brett QC.

Admitted to practice - Supreme Court of Victoria and High Court of Australia


Mediation

James’ approach to mediation is to assist participants to step out of the conflict zone and assess where the case is headed and then head down the path of uncovering a mutually beneficial resolution.

Recent and significant cases

  • Matthew Vines as trustee of the Bankrupt Estate of Sam Mitchell v The Edge TC & Others (FCA);
  • Francesca Carmarda v Paul Allen as trustee of the Bankrupt Estate of Maria Carmarda (FCA);
  • In the matter of the Will and Estate of Lai Lin Yan (Deceased) – David James Hughes (Administrator of the Estate) v Wong Kai Wah & Others (SCV (Prob List));
  • Clinton Lloyd v Commonwealth Bank of Australia (CCV, Com. Div.);
  • Exordium Café Pty Ltd v Hudfran Pty Ltd (FCA);
  • My Zone Demolitions Pty Ltd v Sin Peng Lee & Anor (VCAT);
  • Harbour Plaza v Agius and Kingston City Council (VCAT);
  • Winmark v Mercato Goccia Rosa Pty Ltd & Others (SCV);
  • Osborne Nominees Pty Ltd v Citek (SCV);
  • Chang Family v Zenaty and CBRE (FCA);
  • Senior v Berlyn (VCAT);
  • Oak Capital v Emanda Pty Ltd;
  • Dinh v Commonwealth Bank of Australia (WASC);
  • Scalzo v Openpay Pty Ltd (SCV Comm Ct);
  • VBA v Valentine (VCAT);
  • Jocelyn Mongoo v Fiduciary Administration Services Pty Ltd (WASC):
  • Matthew Graviner v Col & Others (CCV);
  • KP Hicks Real Estate Pty Ltd v R Gagliardi (CCV);
  • The Inside Job – Education and Outsourcing P/L v Bowness (SCV Comm Ct);
  • Gorman Kelly Commercial Real Estate v Peluso (SCV);
  • Vikram Pal Ltd v Metricon/Stockdale and Leggo & Anor (CCV);
  • Singer & Others v Morell and CSA.(SCV Comm. Ct)


From 04/06/2009, Liability limited by a scheme approved under Professional Standards Legislation.