James Braithwaite

James has a broad practice that includes:

• regulatory and civil penalty proceedings for both regulators and regulated parties. James acted for National Australia Bank Limited in civil penalty proceedings relating to ongoing fee arrangements and fee disclosure statements, and is currently acting for ASIC in civil penalty proceedings against a major insurer;
• commercial law, including matters involving contract, agency and restitution;
• misleading or deceptive conduct under the Australian Consumer Law, ASIC Act and Corporations Act;
• building and construction, including claims and advices concerning delay costs, extensions of time, variations, and notice requirements. James’ clients have ranged from individuals to tier 1 contractors;
• insurance, particularly coverage advice to major insurers. James has also acted in matters involving the potential liability of insurance brokers for negligence;
• equity and trusts, including matters involving allegations of breach of trust and fiduciary duty;
• corporations law, including matters relating to breach of director’s duties, shareholder oppression, company reinstatement, liquidator examinations and derivative actions;
• real property, including in relation to rescission and termination issues under commercial and residential contracts and leases. James appeared for the successful plaintiff in The Highlands on a Plate Pty Ltd v Roloz Pty Ltd [2021] NSWSC 1072 involving an option to renew a retail lease and relief under ss 133E and 133F of the Conveyancing Act;
• employment law, including disputes involving restraint of trade, adverse action and whistleblower protections; and
• interlocutory and procedural disputes. James regularly acts in relation to interlocutory matters. He has successfully argued for the dismissal of several proceedings for jurisdictional and competence reasons: see, eg, Kuksal v Lumi Finance Pty Ltd [2021] NSWSC 1430; Eddings v Feros Care Limited [2023] NSWCATCD 126.

James was previously a Senior Associate in the Disputes group at Herbert Smith Freehills, where he was involved primarily in commercial and regulatory proceedings. He worked on numerous large-scale and high-profile matters, including for clients such as National Australia Bank, Tabcorp, Apple, and Babcock & Brown.

James holds a Bachelor of Laws (First Class Honours) and a Bachelor of Social Science (With Distinction). He received numerous academic prizes and scholarships, including the University Medal. He is currently undertaking a Master of Laws, having completed subjects in the areas of financial services law, liability insurance, contract termination and commercial remedies.

James is a casual academic at the University of Technology, Sydney. He taught Contract Law in 2024.

A list of selected cases can be provided upon request.