ADMITTED TO PRACTICE
Victoria, Australia
LEGAL EXPERIENCE
University of Melbourne (Legal Services)
Melbourne, Victoria(In House)
Hope Lawyers
Melbourne, Victoria(Principal)
Gadens Lawyers
Melbourne, Victoria
Laws of Australia
Melbourne, Victoria(Author)
Swinburne University (Finance Law)
Melbourne, Victoria(Lecturer)
PROFESSIONAL AFFILIATIONS
Member, Law Institute of Victoria
Accredited Commercial Law Specialist
James has a strong commercial background having founded and operated commercial enterprises in both Australia and the United States in addition to working as a lawyer in a top-tier firm and in-house.
James’ legal experience over the last decade spans a range of commercial areas including negotiations, transactions and settlements with publicly listed companies, government departments and major private enterprises as well as many smaller corporations. Specifically, James has dealt with matters in the following areas of practice:
Advising on purchase and sale of businesses including legal due diligence, contracts, warranties, security interests and risk awareness;
Advising clients on a range of intellectual property matters including trade mark registration and prosecution, design law, confidential information and defamation law, brands, logos, slogans and other legal issues within advertising and marketing as well as licensing and sale/purchase of intangible assets;
Creation and negotiation of employment contracts and subcontract arrangements;advising on competition law including passing off, misleading and deceptive conduct and general issues arising under the Competition and Consumer Act and Australian Consumer Law;
Preparing shareholder advice and shareholder agreements;
Advising and litigating under aviation law;
Providing website terms including terms of use, privacy policies and related intellectual property
General property matters including construction, planning and environment, land tax and property conveyancing;
Preparing and negotiating distribution agreements (exclusive and non-exclusive);
Drafting, settling and finalising industrial, commercial and retail leases including providing advice in relation to “make good” (end-term obligations), outgoings, rent incentives, etc.;
Banking, loan/finance and mortgage agreements;
Providing general commercial organisational structuring advice including trusts, corporations and partnerships.
James has presented seminars on the Personal Property Securities Act and previously taught Finance Law at Swinburne University as well as written numerous trade articles relating to general commercial legal issues such as privacy, adverse possession, trademarks, debt recovery, asset protection and business structuring.
James has a Bachelor of Economics from La Trobe University and a Juris Doctor from the University of Melbourne. James also studied Economics in Oklahoma USA on an academic scholarship.