James has a broad experience ranging from personal injuries to some criminal work as a prosecutor but has chosen to specialise in commercial, media and estate matters.  James has particular experience in breach of contract, guarantees, trade practices claims, defamation, employment law, , Family Provision, mareva injunctions and anton pillar orders and interlocutory applications generally. He has done considerable pleadings work and continues to do so.

Current significant matters include:
Rahim v Channel 7 – a defamation claim against Today Tonite;
Zakariadis v Allforks – Appeal from decision of County Court;

Recent significant matters James is working on including:
Legacy Resources v Feng Shu Shun Marava and anton pillar orders in the Victorian Supreme Court involving an alleged multi-million dollar fraud originating out of China.
 
Several appearances in the Federal Court, Brisbane, involving a multi million-dollar debt.  The matter has involved an intricate international tracing exercise and a mareva injunction: Lifetime Investments Pty Ltd v Commercial (Worldwide) Financial Services Pty Ltd. (Click here to go to decisions.)
acts in a misleading and deceptive conduct claim that was filed in the Federal Court, New South Wales registry. 

Cross vesting from Federal Court (Sydney) to Supreme Court of Victoria of proceedings which involve allegations of defamation (click here for decision).  and the question is what is “organic”.  James appeared in Sydney opposed to Stuart Littlemore QC. Supreme Court proceedings: Snowy Mountains Organic Dairy Products Pty Ltd v ABC & Ors and Snowy Mountains Organic Dairy Products Pty Ltd v Director of Consumer Affairs Victoria.  Federal Court proceeding: Snowy Mountains Organic Dairy Products Pty Ltd v Wholefoods & Anor.

James is competent in all jurisdictions, frequently appearing in other States.  James spends a great deal of time working with his instructors to develop strategy and always prepares extensively.

James extensive experience in interlocutory matters has led him to appear in wide variety of jurisdictions and locations such as:
Consumer, Trader and Tenancy Tribunal of New South Wales Decisions – subpoena objection
Sutherland (NSW) Local Court – strike out
Industrial Relations Commission of New South Wales – unfair contract claim

James happily appears in country areas taking the opportunity to ride his motorbike.

Liquidation, Insolvency and Bankruptcy

James regularly appears before Master Efthim and in the Bankruptcy jurisdiction and has conducted trading while insolvent proceedings. He has recently appeared at Liquidators examinations in the Supreme Court and appealed the decision of an administrator in the Federal Court. He appeared in the Full Court appeal on sequestration orders in decision of O’Meara v Hitwise [2007] FCAFC 114)

Defamation

James worked for three years in the Fairfax and Herald & Weekly Times newspapers, as political press secretary on Premier Kennett's private staff and an executive in Telstra’s Government Relations area giving him a rare insight in the main streams of media creation, interpretation and manipulation.  In addition to regular advice work he was Counsel in the Contempt and defamation defences of Stephen Mayne’s Crikey website when allegations were brought against it by Stephen Price then of 3AW. Recently he obtained an award of $103,000.00 for a Bangladeshi Australian falsely accused of murder (Mohamed Awal v Mohamed Rouf [2004] VSC, 21 July 2004, unreported, Stott J; click here for newspaper article). He completed a Graduate Diploma in Communications Law with Melbourne University's School of Media Law before reading with regular defamation Counsel, Richard McGarvie SC. James regularly advises bloggers on potential defamation liability. He currently has the conduct of two defamation matters in the County Court. James has appeared as junior to Clive Evatt QC in a defamation jury trial in the NSW Supreme Court and in March 2010 conducted a 9 day defamation jury trial in the County Court of Victoria: Vo v Nguyen. He has successfully made two applications in a current defamation matter, Rahim v Channel 7: see recent cases.

See also: Holbrook v McvPhee an internet defamation case involving a US client – see recent cases

Trade Practices

James has appeared in and guided misrepresentation in the sale of business cases in the Supreme Court and Federal Magistrates’ Court. Misrepresentation claims are a common blocking defence which can be disabled with proper interlocutory scrutiny. Franchises are a particular fertile area for genuine misrepresentation where the profit margins of Franchisors are secured through the sale of blue sky business concepts. James has appeared and advised in franchise matters. There is potential for this area of litigation to expand significantly following the passage of the unfair terms provisions of the Fair trading Act 1999 (Vic). James has given talks including at Deacons, Herbert Geer & Rundle, Tress Cox and Maddox, Wisewoulds, Russell Kennedy and Harwood Andrews on the amendments and potential developments in the area.
Articles: 
Law Commission Discussion paper
Scottish Law Commission Report (click here to go directly to the summary).

Sexual Abuse Torts, Limitations Act Applications

James has conducted independent reviews for the Catholic Church as part of its Toward Healing program. This has given him a unique insight into the psychiatric propensities inherent in paedophilia and the law and policy governing repressed memory.  Case example: Bates v Gasperino. In this matter the Plaintiff needed leave to proceed 20 years after alleged abuse occurred at her primary school.

Mediation

James is a nationally accredited mediator and has experience as a mediator:

http://www.vicbar.com.au/c.7.2.aspx?letter=C

Family Provision - probate

James has substantial experience mediating and drawing documents in part IV Administration & Probate matters and general advice work on wills and estates and appearing at associated interlocutory applications.

Alleged Fraud, Search and Freezing orders

James has now prepared for and appeared in four significant mareva and anton pillar order applications:
Austral v Contebardo (Vic SC) (alleged breach of confidence, ex-employees)
Eurovox Pty Ltd v Miller (Vic SC) (alleged fraud)
Legal Resources v Feng Shun Shun (Vic SC) (alleged fraud)Lifetime Investments Ltd v Commercial (Worldwide) Financial Resources Fed Ct(alleged fraud).
He also appeared in a contempt application for breach of a mareva.

Employment Law

James has advised and appeared on matters pertaining to employment contacts, unfair dismissal including AIRC proceedings, employee/independent contractor issues, restraints of trade, confidential information, redundancy entitlements, sexual harassment, and discrimination and in particular breach of employee duties in the area. In particular the Supreme Court matters of Eurovox v Miller (alleged theft of company assets) and Austral v Contebardo (alleged theft of clients and company intellectual property).

He frequently advises on termination and redundancy and also rights and duties of employees post employment with respect to confidential information, trade secrets competition with the previous employer and poaching or previous employer staff.

James is now also increasingly appearing at Fair Work Australia in the Unfair Dismissals jurisdiction

Having appeared to the mediation stage of several Unfair Dismissal cases prior the Howard governments industrial relations reforms

Heavy vehicle transport

“James has accumulated significant experience in legal issues relating to trucking. These include his successful appearance at trial for Linfox in Sydney District Court of NSW in a truck accident claim. He currently has the carriage of another truck collision matter for Linfox in the Federal Court of Tasmania. He has defended another trucking company in an EPA prosecution for fuel spillages and another for non compliance with the National Heavy Vehicle Acceditation Scheme (“NHVAS”) and associated mass requirement regulations.  All these cases have involved consideration of complex technical evidence and issues particular to the trucking industry. The NHVAS is an important emerging area as the industry becomes highly regulated and chain of responsibility provisions impose liability on operators regardless of their blameworthiness.

James has also successfully brought injunctions against the Victorian Taxi Directorate and appears generally in vehicle collision matters at all Court levels.