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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 and advises insolvency practitioners and directors on a wide range of insolvency issues concerning:

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

Memberships

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


Testimonials

“James provides well thought out, logical and commercial advice on a timely basis. He is proactive and acts with the integrity needed to give one comfort with his assistance.” – Ian Purchas, SVP Partners, 2020.

“James is a highly experienced insolvency lawyer who has provide me with valuable advice on many occasions.” – Philip Hosking, Helm Advisory, 2020.