Jim accepts briefs in a range of matters, predominantly in public, industrial, and commercial matters, though also in environment and planning, and tax matters.
Before coming to the Bar, Jim was:
- Associate to the Hon. Justice R.R.S Tracey AM RFD, Federal Court of Australia (2016/17);
- Associate to the Hon. Justice Mordy Bromberg, Federal Court of Australia (2015/16);
- Senior Lawyer (previously Lawyer, previously Law Clerk) in the commercial litigation practice of Meyer Vandenberg Lawyers, Canberra (2009–2015).
Jim holds a Bachelor of Laws (Hons. 1st), and a Bachelor of Arts, from the Australian National University.
In 2021, Jim received the Ron Castan AM QC award for outstanding achievement in pro bono advocacy undertaken by barristers who are between one and six-years' call.
Recent cases
Some of Jim's recent public law litigious matters are these:
- Central Australian Frank Free Alliance Inc v Minister for Environment (Northern Territory Supreme Court, No 2023-00209-SC) (matter seeking judicial review of decision to approve fracking exploration activities)
- DXN21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 589 (post-AJL20 claim seeking mandamus for failure adequately to pursue removal )
- Minister for Home Affairs v Benbrika (First review) (2022) 366 FLR 32; [2022] VSC 169 (led by D Star KC and G Morgan) (first review of a continuing detention order made under the Commonwealth Criminal Code)
- Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 289 FCR 21; (2022) 397 ALR 1; [2022] FCAFC 3 (led by O P Holdenson KC, N Wood SC, N Dragojlovic)
- Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 366 FLR 163; [2022] FedCFamC2G 7 (led by O P Holdenson KC, N Wood SC, N Dragojlovic)
- The Commonwealth v AJL20 (2021) 273 CLR 43; (2021) 95 ALJR 567; (2021) 391 ALR 562; [2021] HCA 21 (High Court of Australia, C16/2020, led by J Gleeson SC and N Wood) (matter in relation to whether the legality of immigration detention is conditioned by a requirement that a purpose of detention be pursued, for AJL20)
- Danila Dilba Biluru Butji Binnilutlum Health Service Aboriginal Corporation v Director of Liquor Licensing and Woolworths Group Ltd (Northern Territory Supreme Court, 2021-00517-SC, led by A Wheatley KC and N Wood) (matter in relation to approval by the first respondent of a "Dan Murphy's" liquor store in Darwin, for Danila Dilba)
- Mostafa Azimitabar v Commonwealth of Australia (Federal Court of Australia, VID177/2021, led by L De Ferrari SC) (matter in relation to legality of "alternative places of detention," for the detainee)
- Minister for Home Affairs v DMA18 as litigation guardian for DLZ18 (2020) 270 CLR 372; (2020) 95 ALJR 14; (2020) 385 ALR 16; [2020] HCA 43 (led by C Horan KC and L De Ferrari SC) (matter in relation to whether section 494AB of the Migration Act 1958 (Cth) deprived (inter alia) the Federal Court of jurisdiction to hear (relevantly) matters alleging breach of a duty of care owed to asylum-seekers in regional processing countries, for two of the asylum-seekers)
- AJL20 v Commonwealth of Australia (2020) 279 FCR 549; [2020] FCA 1305 (led by N Wood) (an application for a writ of habeas corpus in regard to a person in immigration detention, for the detainee)
- Secretary, Department of Home Affairs v CCA19 (2019) 273 FCR 271; [2019] FCAFC 209 (led by C Horan KC and E Bennett) (concerning the interpretation of the so-called "Medivac" legislation, for the asylum-seeker)
- BEL16 v Minister for Home Affairs (2019) 167 ALD 295; (2019) 80 AAR 170; [2019] FCA 1678 (unled)
- Garbett v Liu (2019) 273 FCR 1; 375 ALR 117; [2019] FCAFC 241 (led by L De Ferrari SC) (concerning the display of purple-and-white corflutes in Melbourne electorates, for the petitioners)
- CCA19 v Secretary, Department of Home Affairs [2019] FCA 946; (2019) 165 ALD 503 (led by C Horan KC and E Bennett) (concerning the interpretation of the so-called "Medivac" legislation, for the asylum-seeker)
- CCA19 v Minister for Home Affairs [2019] FCA 939 (led by E Bennett) (interlocutory application seeking to have an asylum-seeker removed from Nauru for medical treatment, for the asylum-seeker)
- FRM17 v Minister for Home Affairs (2019) 271 FCR 254; [2019] FCAFC 148 for DJA18 as litigation representative for DIZ18 and for Marie Theresa Arthur as litigation guardian for BXD18 (led by C Horan KC and L De Ferrari SC) (matter concerning the jurisdiction of the Federal Court of Australia to hear applications for removal of persons from Nauru for medical treatment)
- AON15 v Minister for Immigration and Border Protection (2019) 269 FCR 184; [2019] FCAFC 48 (led by N Wood)
- AKH16 v Minister for Immigration and Border Protection (2019) 269 FCR 168; [2019] FCAFC 47 (led by N Wood)
- Animals Australia Federation v Sect., Dept. of Agriculture & Anor (Federal Court of Australia, VID688/2018, led by D Star KC and N Wood) (judicial review application in relation to decision of Secretary to approve a particular live-export shipment of sheep to the Middle East)
- Rirratjingu Aboriginal Corporation & Ors v Northern Land Council & Ors, NTD8/2017 (for the Third Respondent and Cross-claimant, Djalu Gurruwiwi, unled) (judicial review of a purported decision of, and private law action against, a Land Council, on behalf of a traditional Aboriginal owner of land)
Some of Jim's recent industrial litigious matters are these:
- Labour Hire Licensing Authority v Ung Services Pty Ltd [2022] VSC 740 (first penalty orders under the Labour Hire Licensing Act 2018 (Vic))
- In re. Aged Care Award 2010 and Nurses Award 2010 (Fair Work Commission, AM2021/63, for the Australian Nursing and Midwifery Federation, led by J McKenna), ongoing but see in particular Aged Care Award 2010 [2022] FWCFB 200
- Wong v National Australia Bank Limited (2022) 318 IR 418; [2022] FCAFC 155 (led by R Doyle SC)
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v John Holland Pty Ltd [2021] FWCFB 5396 (for the Australian Workers' Union, unled);
- Hobsons Bay City Council v Australian Municipal, Administrative, Clerical and Services Union [2021] FWC 6037 (unled)
- Association for Employees with a Disability v Commonwealth of Australia (2021) 283 FCR 561; (2021) 305 IR 203; [2021] FCAFC 36 (led by M Harding SC)
- Construction, Forestry, Maritime, Mining and Energy Union v Abseal Pty Ltd [2021] FCA 1513 (unled)
- Australian Workers' Union v Ground Hog Civil (Vic) Pty Ltd (Fair Work Commission, C2019/1064, unled)
- DP World Melbourne Limited v Construction, Forestry, Maritime, Mining and Energy Union (Federal Court of Australia, VID810/2019, led by E White)
- Construction, Forestry, Maritime, Mining and Energy Union v DP World Melbourne Limited [2019] FWCFB 6430; (2019) 290 IR 128 (led by E White)
- Maribyrnong City Council v Australian Municipal, Administrative, Clerical and Services Union & Ors [2019] FCA 773; (2019) 369 ALR 704 (led by C Dowling SC)
- Applications by CPB Contractors Pty Limited & John Holland Pty Ltd [2019] FWC 1122 (for the Australian Workers' Union, unled)
- Construction, Forestry, Maritime, Mining and Energy Union v CPB Contractors Pty Ltd and The Australian Workers’ Union [2018] FWCFB 3702; 280 IR 293 (led by S Moore QC (as his Honour then was))
- MacKillop Family Services Pty Ltd T/A MacKillop Family Services [2018] FWC 617 (for the Australian Municipal, Administrative, Clerical and Services Union, led by S Moore QC (as his Honour then was))
Some of Jim's recent matters not falling within the foregoing categories are these:
- Kyle-Sailor v Heinke & Ors (Federal Court of Australia, VID698/2021, led by R Merkel KC) (claim under section 18C of the Racial Discimination Act 1975 (Cth))
- DJA18 as litigation representative for DIZ18 v Minister for Home Affairs (Federal Court of Australia, VID776/2018) (negligence claim by asylum seeker on Nauru against Minister and Commonwealth) (led by T Brennan SC and F Ryan SC)
- Marie Theresa Arthur as litigation representative for BXD18 v Minister for Home Affairs (Federal Court of Australia, VID412/2018) (negligence claim by asylum seeker on Nauru against Minister and Commonwealth) (led by T Brennan SC and F Ryan SC)
- Briefed to appear in the Hotel Quarantine Program Inquiry (led by D Star KC, J Davidson)
Publications and presentations
Jim is published on corporate insolvency, personal property securities, commercial leasing, and civil procedure, and regularly presents at conferences on these subjects and on statutory interpretation. A list of publications and papers is behind the "Publications" tab on his VicBar profile, and each can be made available on request.
Other matters
Jim’s experience at the Court was predominantly in industrial and public law. His private-practice experience was of a general commercial nature, including contractual, insolvency, leasing, trade practices, partnership, payroll tax, valuation, town planning, and personal property securities matters.
He is a member of the Melbourne subcommittee of the Insolvency and Reconstruction Law Committee of the Law Council of Australia.
Jim read with Claire Harris KC, and his senior mentor is Rachel Doyle SC.
To view Jim's CV click here.