James Barber practises in commercial litigation with emphasis on insolvency, equity & trusts, corporations & securities, property, banking & finance and restitution. Before his call to the Bar he practised as a commercial litigation solicitor for eight years in Melbourne and London and spent some months seconded to the litigation department of a major bank. He has an LLM from University College, London.
Significant or interesting matters include:
Versus (Aus) Pty Ltd v ANH Nominees Pty Ltd  VSC 515: retail leases, landlord’s statutory obligation to repair during renewed term, repudiation;
Vasco Investment Managers Ltd v Morgan Stanley Australia Ltd (2014) 108 IPR 52;  VSC 455 (led by Sam Horgan QC): confidential information, restitution, quantum meruit; success fee;
CNM Investments Pty Ltd v Greek Orthodox Community of Victoria & Melbourne  VCAT 1969: application to restrain counsel from continuing to act;
Westpac Banking Corporation v The Bell Group Ltd (in liq) (No 3) (2012) 89 ACSR 1;  WASCA 157 (led by Neil Young QC): directors’ duties, breach of fiduciary duties, duty to exercise powers for a proper purpose, relief under the rule in Barnes v Addy, dispositions with intent to defraud creditors, equitable relief; compound interest;
RDN Developments Pty Ltd v Shtrambrandt (2011) VSC 130: compensation for lodgement of caveat without reasonable cause;
Re D W Marketing Pty Ltd (in liq)  VSC 663: liquidator’s examination enjoined for abuse of process;
The Bell Group Ltd (in liq) v Westpac Banking Corp (No 10) (2009) 39 WAR 930; (2009) 71 ACSR 300 (led by Michael Corboy QC): equitable relief, compound interest;
In 2009 (with Philip Solomon, now Philip Solomon QC, and Byrne J), drafting a new practice note for the Commercial Court of the Supreme Court of Victoria;
The Bell Group Ltd (in liq) v Westpac Banking Corp (No 9) (2008) 39 WAR 1; (2008) 225 FLR 1 (2008) 70 ACSR 1 (led by Ross Robson QC and Jim Peters QC): relief under the rule in Barnes v Addy, dispositions with intent to defraud creditors;
Allstate Exploration NL v QBE Insurance (Australia) Ltd (2007) 14 ANZ Ins Cas 61-743;  VSC 380;  VSCA 148 (led by Neil Young QC): construction of insurance contract;
Beaconsfield Gold NL v Allstate Prospecting Pty Ltd  VSC 320 (led by Allan Myers QC and Peter Collinson QC): joint venture agreement, right of pre-emption;
Tarongo Land Pty Ltd v Lyons  VSC 491 (led by Peter Vickery QC): construction of option agreement;
Alinta DEGP Pty Ltd v Wellington Shire Council (2005) 141 LGERA 187;  VSC 307 (led by Jim Delany QC): rating;
Creasy's Grain Enterprises Ltd v Clarke and Barwood Lawyers Colac Pty Ltd  VSC 77 (led by Nemeer Mukhtar QC): priority dispute between first and second mortgagees;
Oversea-Chinese Banking Corporation Ltd v Malaysian-Kuwaiti Investment Co  VSC 495;  VSC 351 (led by Nimal Wikrama QC): priority dispute between purchaser and mortgagee, rule in Hopkinson v Rolt, costs, offer of compromise;
Crowe v Stevedoring Employees Retirement Fund Pty Ltd  VSC 316: superannuation fund member's right to documents and information from trustee;
Logue v Hansen Technologies Ltd (2003) 125 FCR 590 (led by Robin Brett QC): security for costs;
Andrew Shelton & Co Pty Ltd v Alpha Healthcare Pty Ltd  5 VR 577 (led by Peter Vickery QC): restitution, free acceptance.
November 1998 to February 2001:
Senior Associate/Solicitor, Commercial Litigation Department, Blake Dawson Waldron, Solicitors, Melbourne, (now Ashurst Australia) (Appointed Senior Associate 1 July 1999) (including 5 months seconded to the litigation department of a major bank).
September 1996 to October 1998:
Solicitor, Litigation Department, Freshfields, Solicitors, London (now Freshfields Bruckhaus Deringer).
September 1995 to August 1996:
Full-time student, LLM programme, University College, London.
April 1992 to August 1995:
Solicitor, Blake Dawson Waldron, Solicitors, Melbourne.
March 1991 to March 1992:
Articled Clerk, Blake Dawson Waldron, Solicitors, Melbourne.
Before being called to the Bar major matters as a solicitor include:
Please see resume under the heading "About".