WATERS, James

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WATERS, James


Areas of practice

  • Technology, Engineering, Building and Construction
  • Commercial Law
  • Contract Law
  • Equity and trusts
  • Insurance
  • Torts 

James practices primarily in commercial law, with a focus on technical, engineering and construction disputes, equity and class actions.

Before joining the Bar, James was an Associate at Allens for three years in the construction disputes and commercial litigation teams. His practice included advising construction and engineering clients on complex construction and technical disputes and the administration of major projects. James was also involved in complex class actions, insurance disputes and product liability claims.

Prior to his legal career, James worked as an engineer in both construction and consulting environments. James was involved in the construction of a major arterial transport link and consulted in relation to the design, installation and commissioning of a diverse range of bespoke robotics in various industrial settings.

James read with Simon T Pitt and his senior mentor is Jeremy Twigg QC.

LinkedIn & CV Link

Recent matters include:

Building and construction matters:

  • Various domestic and commercial / industrial building disputes in VCAT relating to defects, quality, delays, costs
  • Residential housing foundation defects cases, including slab heave matters;
  • Disputes as to various standard form contracts, including AS2124, AS4000-series, HIA, MBC4

Disciplinary matters and associated administrative law reviews, including:

  • Assisting and defending Building Practitioners Board Inquiries into the conduct of Registered Building Practitioners;
  • Administrative review of a VicRoads tow truck driver licensing decision in VCAT;

Contract and commercial law matters:

  • Dove Investments Pty Ltd v Mallee Track Health and Community Service [2016] VCC 1055 (led by Aileen Ryan QC) . Appearing for the plaintiff in relation to claims of unlawful termination of employment;
  • Oppression proceedings brought by former members of a yacht club;
  • Appearing in relation to a joint venture dispute regarding contributions made to a substantial residential property development;
  • Various sale of business / assets disputes, involving misrepresentations, Australian Consumer Law claims and common law claims;

Equity matters:

  • Acting for a substantial trading trust in a family / matrimonial dispute;
  • Applications for constructive and resulting trusts in family business disputes;
  • Various Pt IV of the Administration & Probate Act 1958 applications for testators family maintenance;

Costs matters:

  • Applications for non-party costs orders;
  • Appearing for and defending claims under the Legal Profession Act 2004 and Legal Profession Uniform Law;

Insolvency matters:

  • Various applications to wind up companies;
  • Kapila (Trustee), in the matter of Edelsten (Bankrupt) (No 2) [2016] FCA 1269 in relation to a dispute as to the application of US and Australian bankruptcy provisions.

James is member of:

  • the Aviation Law Association of Australia and New Zealand;
  • the Melbourne Marine Insurance Forum; and
  • Melbourne TEC Chambers (MTECC).

 

 

 

 

From 6th May 2016, liability limited by a scheme approved under Professional Standards legislation.


 


 

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McPhee Mediation Centre

Excellent facilities in a bright and roomy environment. The McPhee Mediation Centre has been designed to create an environment conducive to obtaining successful mediation results. Its configuration allows you to bring parties together for mediation and then separate them from private consultation as required.

Phone: 9670 4003

Email: McPheeMediation@gmail.com


 

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