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James Fielding
senior associate, litigation and dispute resolution
meet Jamesabout James
James has a diverse skill set with a background in Property Law prior to
commencing his practice in Commercial Litigation. James specialises in
compulsory acquisition, adverse possession and local government advice
(focusing on the Food Act, Public Health and Wellbeing Act and the
Environment Protection Act).
James is experienced in claims for compensation and has assisted developers
and landowners at all stages of the property development lifecycle.
James has appeared at VCAT, the Victorian Magistrates, County and Supreme
Courts, both as an instructor and advocate for both local councils and
commercial clients.
“Good legal advice should be made up in equal parts of
commercial advice and the application of the law. Our
clients expect us to know the law, but when we apply the
law to their commercial reality, that’s when it really
makes a difference.”
Areas of Expertise
Compulsory acquisitions
Contractual disputes
Local government
Property disputes
Public health prosecution
industries
Commercial
Corporate
Local government
Property development
recent experience
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Supreme Court of Victoria proceeding for large developer client
Supreme Court application brought by 37 Plaintiffs seeking injunctive relief against client following the termination of sale of land contracts. Upon consideration of affidavit material from the parties, and after hearing submissions by the barristers for both parties, the Court made an order dismissing the application and awarding costs in favor of our client.
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Compulsory acquisition – Roads Corporation compensation claim
Successfully settled Supreme Court proceeding whereby our client claimed compensation against Roads Corporation under Part 3 of the Land Acquisition and Compensation Act 1986. The compensation obtained was multiples of the Authority’s original assessment and offer.
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Compulsory acquisition – restricted property access
Managed a multi-year claim process against the Authority pursuant to the Land Acquisition and Compensation Act 1986 for a large commercial client after the property access was restricted. Matter successfully settled without proceedings required, achieving a great outcome for the client.
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Adverse possession claim for private client
Successfully lodged and defended an adverse possession claim for a strip of land impacting our client’s enjoyment of their property. When the neighbouring party brought proceedings, we were able to negotiate their dismissal (with our clients cost being covered) without conceding any substantive issues in contention.
