- Commercial Law
- Fraud, Injunctive Relief & Asset Recovery
- Public Law
Jamie has a broad practice in commercial and public law.
He has particular experience in insolvency, debt recovery and securities enforcement, corporate and commercial disputes, franchising, and construction.
In the public law field, he has advised and appeared on both merits and judicial review matters in a diverse range of areas.
He was admitted as a barrister and solicitor in New Zealand in 2010, where he regularly appeared as counsel on general commercial, construction, and insolvency matters before the District Courts, High Court and Court of Appeal. Jamie moved to Victoria in 2015, and subsequently worked in the insolvency, commercial disputes, and administrative law teams of a number of national Australian firms.
Clients say that Jamie “has the ability to rapidly get across complex legal and evidentiary issues, and then cut across and present them in a persuasive and practical way.”
He holds a current New Zealand practising certificate, and accepts briefs to advise and appear on New Zealand matters. He has particular experience in cross-jurisdictional matters, including stay applications under the Trans-Tasman Proceedings Act, and recognition and enforcement of judgments in each jurisdiction.
Jamie also has a keen interest in electoral law, and has advised on electoral financing restrictions and appeared in electoral disputes.
Jamie began legal practice as intern to Christopher Finlayson KC, then Attorney General of New Zealand. He read with Dr Charles Parkinson KC, and his senior mentor was David Batt KC.
Matters with which Jamie has been involved include the following.
- Romanovski v RCG (Aust) Pty Ltd  FCA 210 – interim application for documentary access and injunctions in the context of ongoing shareholder oppression proceedings (led by Dr C Parkinson KC).
- AHG WA (2015 Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd  FCA, led by T Castle SC and Dr C Parkinson KC with others (judgement reserved) – briefed for the owners of Australian Mercedes-Benz franchises seeking damages and other remedies under the Australian Competition and Consumer Act 2010 (Cth) in connection with the decision of Mercedes-Benz to implement an agency model.
- Acting (unled) for a defendant to proceedings brought in New Zealand on an application for a stay of the proceedings pursuant to the Trans-Tasman Proceedings Act. Issues included the proper characterisation of claims for payment of shareholder current accounts, and in which jurisdiction the relevant cause of action (properly characterised) arose. Proceedings dismissed by consent.
- Acting for the franchisor operator of a national hotel chain concerning disputes with several franchisees. Issues raised concerning the interplay of renewal terms under the relevant franchise agreements and Division 5 (“Termination of Franchise Agreement”) of the Franchising Code of Conduct. Matter settled before trial.
- Jamie has acted for for Timbercorp Finance Pty Ltd (in liquidation) for several years in relation to various proceedings for the recovery of loan funds following the appointment of administrators to the Timbercorp Group. He has advised and appeared for Timbercorp Finance in relation to various test cases, appeals (and special leave to appeal), applications for summary judgment, summary enforcement of compromises, and contested bankruptcy proceedings.
- Jamie regularly appears in contested bankruptcy and liquidation proceedings. Recent decisions include: Timbercorp Finance Pty Ltd (in liq) v Gulabovski  FedCFamC2G 996; Re Three Pillars Lynbrook Pty Ltd  VSC 540; Re We Do Projects Pty Ltd  VSC 688.
- Cao & Trong  FedCFamC1F 754 – appearing for the Child Support Registrar (unled) as intervening creditor in proceedings brought for the division of assets pursuant to s 79 of the Family Law Act 1975 (Cth). The matter was overturned on appeal before the Full Family Court (Cao & Trong  FedCFam C1A 40) (unled), but the Child Support Registrar’s contentions were upheld.
- Child Support Registrar v AFS19  FCAFC 207 – appearing for the Child Support Registrar on the successful appeal of a decision of the Federal Circuit Court on an application for judicial review of a decision of the Administrative Appeals Tribunal. Case concerned the requirements for “binding child support agreements” under the Child Support (Assessment) Act 1989 (Cth) (with C Lenehan SC) (unled at first instance: Piper & Talbot  FCCA 511).
- Application for declarations as to the invalidity of various corporate actions and orders for rectification of the register of members of a company per, ss 1322 and 175 of the Corporations Act 2001 (Cth). Matter settled before trial.
- Burger & Ors v Longboat Holdings Group2 Pty Ltd  VSC 469 – successful application for declarations that off-the-plan contracts for the purchase of real estate had been validly rescinded pursuant to s 9AC(2) of the Sale of Land Act 1962 (Vic), and for refunds of deposits paid (unled).
- Acting for an Australian based importer and distributor on a claim against an international freight forwarder in relation to a theft of cargo (unled). Matter settled before trial.
- CellOS Software Ltd v Huber (No 2) (2020) 144 ACSR 267 trial on quantum following findings of breaches of director’s duties. Orders made for defendant to account for $42m in profits (led by Dr C Parkinson KC).
- Liberal Party of Australia (Victorian Division) v Rae  VSC 731 (led by M Wyles KC) whether decision by VCAT to refuse registration of how-to-vote cards on the basis that they were likely to mislead or deceive an elector in casting the elector’s vote was reasonably open.
- Rae v Victorian Electoral Commission  VSC 730 (led by Dr C Parkinson KC) whether Victorian Electoral Commission authorised to reprint ballot papers to reflect dis-endorsement of a candidate by a political party after close of nominations.
- Mocenigo and Minsiter for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)  AATA 3599 (unled) whether a naturalised Australian citizen ceased to have Australian citizenship by reason of the acquisition of Italian citizenship in 1972, by operation of s 17 of the Nationality and Citizenship Act 1948 (Cth).
- SPWX and Secretary, Dept of Social Services  AATA 3883 (unled) application for an extension of time to apply for review of decision of Social Securities Appeals Tribunal. Orders made extending the time to apply by more than eight years.
- Appearing for the respondent Minister on applications for merits review of decisions of the Minister to cancel visas on character grounds: KQHR and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)  AATA 795; TVVT and Minister for Home Affairs (Migration)  AATA 824; Margach and Minister for Home Affairs  AATA 353 (unled); JPGY and Minister for Home Affairs (Migration)  AATA 86 (all unled).
- Appearing for the respondent Minister on applications for judicial review of various decisions under the Migration Act 1958 (Cth) and appeals thereof: EXP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs  FedCFamC2G 502; CSA16 v Minister for Immigration and Border Protection  FCCA 404; Kaur & Ors v Minister for Immigration  FCCA 221; AUN17 v Minister for Home Affairs  FCA 1576; CAO16 v Minister for Home Affairs  FCA 920; Swan v Minister for Home Affairs & Anor  FCCA 702; CTK17 v Minister for Immigration  FCCA 3385; AJP18 v Minister for Home Affairs  FCCA 2424; DTW17 v Minister for Immigration  FCCA 512 (all unled).
- Nuku v Taylor  NZCA 312 successful appeal relating to an application for removal of caveats claiming a constructive trust in land requiring the land to be held on terms similar to those contained in the Te Ture Whenua Maori Act 1993 (NZ) (unled).
- Wikeley, re ex parte Jacomb  NZHC 2677 successful appeal from the decision of the provisional trustee of a debtor’s proposal to admit creditors’ proofs for the purposes of voting (unled).
- Acernus Aero Ltd v Vincent Aviation Ltd  NZHC 595 hangarage dispute over a Cessna Citation Mustang jet (with J Toebes).
- Little v Jull  NZHC 3123 test case concerning the extent of director liability under the Securities Act 1978 (NZ) (with J Toebes).
- Jacomb v Wikeley  NZHC 707 claim against the guarantor of a failed rock crushing venture in Chile. Matter involved novel questions regarding the requirements for ratification of major transactions under the Companies Act 1993 (NZ) (with J Toebes).
- Rabobank New Zealand Limited v Stockco Limited  NZCCLR 25 Whether a financing statement registered on the Personal Property Securities Register (NZ) was “seriously misleading” (with J Toebes).
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.
- Commercial Law
- Banking & Finance
- Building & Construction
- Contractual Disputes
- Corporate Insolvency
- Corporations & Securities
- International Law
- Real Property
- Fraud, Injunctive Relief & Asset Recovery
- Confiscation of Assets
- Proceeds of Crime
- Public Law
- Judicial Review and Administrative law
- Merits Review
ADMISSIONS & QUALIFICATIONS
- Signed Victorian Bar Roll:
- 25 October 2018