Over the last 3 decades James’ legal practice has serviced those who own, control or who have exposures to large businesses either company side or stakeholder side.
In particular, James handles the initiation or defence of complex litigation, dispute resolution, debt recovery, insolvency, restructuring, investigations, corporate governance and risk management often in hostile, tense or crisis circumstances.
He advises boards and senior management at all stages of the business cycle by drawing on his deep and diverse experience.
James also handles complex insolvencies for insolvency practitioners when a business is irretrievably broken.
Strong, assertive, mature and commercially effective legal representation is his hallmark.
Recent experience includes:
- Acting for the general purpose liquidator of Octaviar Limited in seeking to recover damages and interest of c$100m against defendants, who provided faulty corporate restructuring advice, in the Supreme Court of New South Wales. This matter is complex, high profile, involves an array of complex legal questions in relation to liability and quantum and is ongoing. It includes a non-binding neutral case appraisal ADR process.
- Acted for the special purpose liquidator of Octaviar Limited in challenging the security Octaviar Limited had granted to its credit provider (Fortress Credit Corporation II (Australia) Pty Ltd – a hedge fund whose parent is listed on the New York Stock Exchange). As part of the process, we sought to recover approximately $35 million in payments made under an impugned security (that converted an unsecured debt into a secured one) and a series of impugned subsequent payments made under that impugned security.
- Acted for the liquidators appointed to Australian Building Systems. The liquidators sold a commercial property and incurred a substantial capital gain. A dispute ensued with the Deputy Commissioner of Taxation – the Commissioner argued the liquidators were personally liable for the tax immediately when the gain was incurred under an old provision in the tax legislation (that had never before been the subject of judicial determination). We acted for the liquidators in resolving the operation and effect of this provision (which had enormous practical implications for receivers and liquidators). We were successful at first instance, on appeal and in the High Court.