James Davaris

• Arbitrators & Mediators
• Class Actions
• Commercial Law
• Competition
• Insurance & Reinsurance
• Intellectual Property
• Professional Negligence

James practices in commercial law with a particular focus on contractual disputes, equity and trusts, fraud, and misleading or deceptive conduct. His experience also includes class actions, corporate law, consumer law, insurance law, construction and property disputes, and insolvency.

James has appeared on behalf of a range of Australian and international companies in a variety of matters spanning the High Court, Federal Court, Supreme Court, County Court, Magistrates’ Court, and VCAT. James appears led and unled and has experience in complex large-scale matters.

James has published articles in the CommBar Newsletter and the ARITA journal. He has also been a reporter for the Federal Law Reports and the Victorian Law Reports.

James read with Dr Oren Bigos KC.

Below is a selection of cases in which James has been briefed.

High Court of Australia:

• Key Infrastructure Australia Pty Ltd v Bensons Property Group Pty Ltd (Special leave application No. M24 of 2021) (led by Bret Walker AO SC and Robert Peters) (prevention principle; implied duty of good faith).

Federal Court of Australia:

• Acting for an individual in defence of a claim for equitable fraud (both unled and led by Oren Bigos KC);
• Acting for a group of companies pursuing claims of equitable fraud against former director and associated entities (led by Robert Heath KC);
• Hall v Pitcher Partners (a firm) (led by Neil Young KC, Michael Osborne QC (now Osborne J), Christopher Caleo KC and Justin Tomlinson SC) (class action);
• Babscay Pty Ltd v Pitcher Partners (a firm) (led by Neil Young KC, Michael Osborne QC (now Osborne J) and Justin Tomlinson SC) (class action);
• Acting for a publicly listed company in respect of an Australian Consumer Law claim against a software developer (led by Christian Juebner KC); and
• Neville’s Bus Service Pty Ltd v Pitcher Partners Consulting Pty Ltd & Ors (led by Leslie Glick KC and Andrew Bailey) (contract, misleading or deceptive conduct, deceit).

Supreme Court of Victoria:

• Acting for various creditors in respect of statutory demands and associated wind ups (unled);
• Acting for a municipal council in defence of equitable and trust claims (led by Dr Paul Vout KC);
• Victoria State Emergency Service Authority v SEM Fire and Rescue Pty Ltd & Anor (led by Robert Heath KC) (debt, contract, misleading or deceptive conduct);
• Olympic Domain Pty Ltd v Cohiba Mineral Pty Ltd (unled) (statutory demand);
• In the matter of Molopo Energy Limited; Molopo Energy Limited v Baljit Singh Johal & Ors (led by Michael Osborne QC (now Osborne J) and Nina Moncrief) (corporate law);
• Electricity Wizard Pty Ltd v Metrixa Pty Ltd (unled) (statutory demand);
• Acting for a well-known international fashion brand regarding Australian Consumer Law and contractual claims against website and software developers (unled); and
• In the matter of Property Confidential Group Pty Ltd: Yan Luan & Ors v Property Confidential Group Pty Ltd (unled) (insolvency).

County Court of Victoria:

• Muffin Break Pty Ltd v J&H Australia Pty Ltd and Anor (unled) (contract);
• Schindler Lifts Australia Pty Ltd v Myer Pty Ltd (unled) (contract interpretation);
• Acting for an individual in respect of a claim for resulting trust (unled);
• Acting for a hospitality operator seeking injunctive relief in respect of a misleading and malicious online review (led by Robert Heath KC);
• Ascend International Group Pty Ltd v Bensons Property Group Pty Ltd (led by David Collins KC) (contract);
• Bensons Property Group Pty Ltd v Kollins Pty Ltd (led by David Collins KC) (contract);
• Acting for an employer in respect of breach of confidential information and Australian Consumer Law claims against a former employee (unled); and
• Acting for an employer in respect of breach of fiduciary duty claims against a former employee (unled).

Lower Courts, Tribunals, Commissions and the like:

• Acting for a company and individual in defence of claims for debt and breach of confidentiality (unled);
• SJ Higgins Pty Ltd v AA Management Pty Ltd (led by Michael Whitten KC and David McAndrew KC) (construction);
• Appearing before the Chartered Accountants Australia and New Zealand Appeals Tribunal to appeal a decision to refuse the grant of an Australian Financial Services Licence (led by Michael Galvin KC);
• Appearing before the Administrative Appeals Tribunal to appeal a decision to refuse the grant of an Australian Financial Services Licence (led by Michael Galvin KC); and
• Appearing before ASIC in respect of an application to renew an Australian Financial Services Licence (unled).

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.