James McNicol Smith
- Commercial Law Tort Law
- Public Law
James has a broad practice with a particular focus on construction, energy, class actions, insolvency and taxation matters.
Before coming to the Bar, James was a Senior Associate at Clayton Utz, where he worked on large-scale infrastructure and energy disputes. He has been recognised in Best Lawyers: Ones to Watch in Construction Law since 2023.
James holds a Bachelor of Laws (Honours) and a Bachelor of Engineering (Honours) from Monash University and a Master of Laws (First Class Honours) from the University of Melbourne.
James read with Damien McAloon SC and his senior mentor is Nicholas Hopkins KC.
Selected matters in which James has been briefed are listed below.
Liability limited by a scheme approved by Professional Standards Legislation.
Contact
- P+61 3 9225 8558
- M0477 955 657
- E[email protected]
- Connect on Linkedin
Aickin Chambers
Room 2 Level 27
200 Queen Street
Melbourne VIC 3000
Jane King
+61 3 9225 8558
Expertise
- Admiralty & Maritime
- Appellate
- Banking & Finance
- Bankruptcy
- Building & Construction
- Class Actions
- Climate Change
- Commercial Arbitration
- Contractual Disputes
- Corporate Insolvency
- Corporations & Securities
- Energy & Resources
- Equity & Trusts
- Greenwashing
- Insurance
- Private International Law
- Real Property
- Regulatory Investigations
- Residential & Retail Tenancies
- Sports Law
- Superannuation
- Taxation
- Class Actions
- Negligence
- Professional Negligence
- Environment
- Judicial Review
Qualifications
Bachelor of Laws (Hons)
Monash University
Bachelor of Engineering (Hons)
Monash University
Victoria
State and Territory Courts and Tribunals
Federal Court of Australia
High Court of Australia
Recent Cases
Green v Graincorp Oilseeds Pty Ltd (ongoing, Supreme Court of Victoria) – acting for the defendant to a group proceeding concerning claims for nuisance and breach of an environmental duty (led by Kathleen Foley SC, Roshan Chaile, and Lara O’Rorke, and with Patrick O’Bryan-Gusah, instructed by Ashurst Perkins Coie)
CPB Contractors Pty Ltd v Aurecon Australasia Pty Limited (ongoing, Supreme Court of Victoria) – acting for the defendants to design claims concerning the West Gate Tunnel Project (led by Timothy Margetts KC, James Waters, and Bianca Sacco, instructed by Baker & McKenzie)
Confidential domestic commercial arbitration (ongoing) – acting for the claimant in disputes concerning a public-private partnership social infrastructure project (led by Kathleen Foley SC and William Thomas, and with Jarrad Mathie, instructed by Clayton Utz)
Confidential international commercial arbitration (ongoing) – acting for the claimant in disputes concerning the termination of an engineering, procurement and construction management contract for a US military facility in northern Australia (led by Nuala Simpson SC, instructed by White & Case)
Confidential taxation audit (ongoing) – acting for a multinational company in relation to an audit by the Commissioner of Taxation (led by Catherine Pierce KC, instructed by PwC)
Cwalina v Rose [2024] VSCA 253 – appearing for the respondent to an urgent injunction application (led by Ben Petrie, instructed by Byrnes Legal)
Publications
Memberships
Society of Construction Law Australia