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.