James has substantial experience mediating and drawing documents in part IV Administration & Probate matters and general advice work on wills and estates and appearing at associated interlocutory applications. In these matters, James has a high settlement rate. He has represented clients in over 130 matters since 2014.

James regularly advises on and appears in:

• Contests as to will validity on the grounds of capacity;

• Applications to proceed out of time;

• Applications to remove executors;

• Applications for force proper conduct by executors.

1. Lindrum v Perpetual Trustee Company Limited (Re Estate of Irene May Ellis) [2023] VCC 1328 alleged testamentary trust

2. Meeuwissen v Meeuwissen [2015] VSC 669 (27 November 2015)

3. Warriner v Warriner [2015] VSC 314 (1 July 2015)

4. TESTATOR’S FAMILY MAINTENANCE – Application by adult able-bodied son – Jurisdictional requirements of Part IV of Administration and Probate Act

5. 1958 (Vic)PRACTICE AND PROCEDURE — Stay of family provision proceedings pending determination of criminal proceedings. 

6. James co-wrote the Commercial Bar Association submission to the 2012 Victorian Law Reform Commission review into Victoria succession laws and in particular the subjects of: Wills, Family Provision, Intestacy, Executors, Small Estates, and Estate Debts.

Also case note here. He successfully prosecuted an application for a solicitor to cease acting in a Part IV application: O’Loughlin v Arnott & Anor [2014] VSC 416 (3 September 2014)

See Commbar articles here and here. In this decision, his cross-examination of the Defendant resulted in the Defendant being referred to the Australian Taxation Office and Centrelink: Brimelow v Alampi [2016] VSC 135 (8 April 2016)

The decision in which his application for the definition of step-child to include children of biological parent and de-facto in Bail v Scott-Mackenzie [2016] VSC 563 (20 September 2016) has been upheld by the Court of Appeal see here: Scott-Mackenzie v Bail [2017] VSCA 108 (10 May 2017)

See also MILLER v MILLER [2017] SASC 37 (22 March 2017)

See the following cases:

Rosa Siciliano vs Maria Crocitta Wills Estate
Kritsidimas v Dimitrakakis [2019] VSC 704 (23 October 2019)
Re Giannilivigni [2019] VSC 800 (5 December 2019)
Callus v KB Investments [2020] VCC 135 (26 February 2020)