Jamie has a broad practice in commercial and public law.
He has particular experience in insolvency, debt recovery and securities enforcement, corporations, trusts and equity, 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 experience in matters involving trans-Tasman recognition and enforcement.
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 QC, then Attorney General of New Zealand. He read with Dr Charles Parkinson SC, and his senior mentor was David Batt QC.
Commercial matters with which Jamie has been involved include the following:
- Acting for Timbercorp Finance Pty Ltd (in liquidation) in various proceedings for the recovery of loan funds following the appointment of administrators to the Timbercorp Group: Timbercorp Finance Pty Ltd (In Liq) v de Vries  VSC 37; Timbercorp Finance Pty Ltd (In Liq) v Broderick  VSC 88 (led by Philip Solomon QC and Charles Parkinson SC, with James Claridge). Including various applications for summary judgment by the plaintiff.
- 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, with judgment given by consent.
- 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- successful application for declarations that off-the-plan contracts for the purchase of real estate had been validly rescinded pursuant to s 9AC(2) of the Sale of Land Act 1962 (Vic), and for refunds of deposits paid (unled).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. 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 Charles Parkinson SC).
- Nuku v Taylor  NZCA 312 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).
- Vance v Jefferys  NZHC 1932 application for summary judgment against a director for breach of directors’ duties in failing to make provision for payment of GST on the sale of land developments (unled).
- Wikeley, re ex parte Jacomb  NZHC 2677 appeal from the decision of the provisional trustee of a debtor's proposal to admit creditors' proofs for the purposes of voting (unled).
- Okkerse v Aotearoa Enterprises Ltd  NZHC 3317 application under the Companies Act 1993 (NZ) for rectification of company accounts (with Justin Toebes).
- Acernus Aero Ltd v Vincent Aviation Ltd  NZHC 595 hangarage dispute over a Cessna Citation Mustang jet (with Justin Toebes).
- Little v Jull  NZHC 3123 test case concerning the extent of director liability under the Securities Act 1978 (NZ) (with Justin 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 Justin 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 Justin Toebes).
Some of Jamie’s public law matters include the following:
- 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 Craig Lenehan SC) (unled at first instance: Piper & Talbot  FCCA 511).
- Advising on the lawfulness of the decisions of the Chief Commissioner, Victoria Police, in relation to the sale of firearms and ammunition for recreational use during the pandemic related lockdown.
- Liberal Party of Australia (Victorian Division) v Rae  VSC 731 (led by Michael Wyles QC) 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 (with Charles Parkinson) 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: 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).
- HLLL and Minister for Immigration and Border Protection (Citizenship)  AATA 771 (unled as solicitor advocate) application for merits review of a decision of the Minister of Immigration and Border Protection to refuse citizenship. Whether a civil engineer is a "scientist" for the purposes of the "special residence requirement".
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.
PH +61 3 +61 3 9225 7043
Email [email protected]
FAX +61 3 9225 6355
Chambers: Room 1410
460 Lonsdale Street
Banking & Finance
Bankruptcy Law & Insolvency Law
Building Law & Construction Law
Competition Law & Consumer Law
Corporations Law & Securities Law
Insurance Law & Professional Negligence Law
Property & Probate
Equity & Trusts
Weapons & Firearms
Property & Probate
Estate Agents Licensing & Disputes
Public Law & Administrative Law
Admitted to the Legal Profession:
05 Feb 2015
Signed Victorian Bar Roll:
25 Oct 2018
Also Entitled to Practise in