Blog

James Hamilton

Position: Senior Lawyer

Qualifications:
B Comm (UNSW) and LLB (UNSW)
Areas of Practice:
Commercial Litigation, Insolvency, Business Law

Email: james.hamilton@surrypartners.com.au

James was admitted as a lawyer in 1983, and has spent a major part of his career at partner level with Baker & McKenzie and, more recently, Holding Redlich in their litigation/ insolvency practices.

James is a commercial litigator and insolvency law specialist and adds considerable expertise to the Surry Partners litigation and dispute resolution practice.

In recent matters James has acted for:

  • Successful plaintiffs in a Supreme Court matter concerning a complex partnership and estate dispute
  • Chinese shareholders in a joint venture land development dispute
  • Secured lenders enforcing PPSR securities
  • Administrators in sucessfully defending an attempt to set aside a Deed of Company Arrangement
  • Defendants in insolvent trading and unfair preference actions
  • A director in the collapse of property development trust
  • Administrators in the restructure of a failed ASX listed mining company

James has experience in many types of commercial disputes, including the following areas:

  • Corporations Act, including breaches of directors duties, accessorial liability, representative actions
  • Shareholder disputes and oppression suits
  • Misleading conduct claims
  • Partnership disputes
  • Contract disputes
  • Trusts
  • Professional negligence
  • Equitable remedies
  • Joint Ventures
  • Debt recovery
  • Statutory demands – setting aside
  • Security and guarantee enforcement
  • ASIC enforcement actions

James represents insolvency practitioners in a wide range of insolvency issues concerning:

  • Voluntary administrations and deeds of company arrangement
  • Liquidations
  • Voidable transactions/ insolvent trading
  • Public examinations
  • Receiverships
  • Director’s duties
  • Bankruptcy/Part X Schemes

Memberships

  • Law Society of NSW 1983 – current
  • ARITA 1994- current – Associate Member
  • Law Council Insolvency Committee – Member 6 years.