James has practised exclusively in insurance and financial litigation both in Australia and London.
He has broad experience in professional indemnity, employment practices liability, directors’ and officers’, coverage, commercial litigation, accident and injury claims and workplace health and safety.
James has acted for:
- financial professionals such as accountants, taxation and corporate advisors, mortgage brokers, stockbrokers, financial planners both in litigation and when responding to complaints made to the Australian Financial Complaints Authority;
- lawyers, property managers, real estate agents, engineers, builders and not for profit associations;
- insurers and underwriters giving coverage advice under financial lines, directors’ and officers’ and liability policies;
- employers responding to unfair dismissal, general protections and stop bullying claims in the Fair Work Commission and Federal Courts and harassment claims in the WA Equal Opportunity Commission and Australian Human Rights Commission; and
- businesses responding to personal injury, fatal accidents, property damage and product liability claims.
James represents the firm’s national employment practice liability practice in Perth.
He strives to achieve the best commercial outcome for clients and enjoys navigating the sensitive issues at play when a professional or organisation has its reputation at risk. James particularly understands insurance clients well, drawing on his experience of a secondment to a client’s Sydney office.
James holds a Master of Laws.
Articles and Presentations
Presentation to LawSense School Law WA 2023 – Business Management, Risk & Governance Stream, June 2023
Presentation to insurer – Workers’ Compensation recoveries, December 2022
Presentation to insurer – Australian Consumer Law presentation, August 2022
Presentation on psychological risks, July 2022
LaweSense presentation – Legal issues associated with hiring out school facilities – insurance coverage and incidents, June 2022
EPL update and trends, May 2022
Nitesh Patel, James Duffy, Lewis Flynn “No vicarious liability for a rogue employee’s data breach: learnings for more than the Morrisons UK supermarket chain” (2020) 17(5) PRIVLB 74
Presentation to insurers – ‘The Australian consumer law – a timely refresher’ 2018
The relevance of loss insurance in the assessment of vulnerability in cases of pure economic loss (2014) 25 ILJ 263
When Does Market Power Derive from Excess Capacity? (2016) 24 CCLJ 48
How should Directors tackle Cyber Risks? (2018) 46 ABLR 134