James’ focus areas of practice within Corney & Lind are Family Law, Commercial Litigation, and Not for Profit. He is passionate about tackling complex legal situations and helping his clients find cost-effective solutions.
In particular, James has experience in the following matters:
- Property law – disputes over complex company and trust structures.
- Parenting matters – international relocation and Hague Convention (International Abduction).
- Child support matters – applications to change assessment and binding child support agreements.
- Domestic violence.
- Binding financial agreements (including those entered outside Australia).
- Family dispute resolution.
- Contractual disputes and debt recovery.
- Retail and commercial lease disputes.
- Partnership and shareholder disputes and dissolutions.
- Discrimination disputes.
- Breaches of director duties and governance.
- Commercial dispute resolution.
Commercial Front End
- Small business advice.
- Contract preparation (including sale of a business, partnership & shareholder agreements).
- Retail and commercial leases (preparation and negotiation).
- Bankruptcy and insolvency.
- Director duties and governance.
- Policy reviews.
Not for Profit
- Setting up entities and restructure
- Lease disputes
- Director duties and Governance issues.
- Membership disputes and “splits”.
James has appeared on behalf of his clients in several jurisdictions including the Federal Circuit Court, Family Court of Australia, Queensland Civil and Administrative Tribunal, Magistrates Court of Queensland, District Court of Queensland and the Supreme Court of Queensland.
He has assisted his clients in mediation and dispute resolution conferences.
Some of the successfully litigated cases James has assisted in include:
- TT and Ors v Lutheran Church of Australia Queensland District and Ors QCAT 48 – assisted the client in successfully responding to a complex anti-discrimination claim.
- Deslandes & Deslandes  FamCA 913 – assisting the client in successfully arguing that Australia had jurisdiction to hear family law property matters in spite of a prenuptial agreement entered into outside of Australia;
- Sadiqi, in the matter of Cook Islands Christian Church of Australia Limited (in liq) v Cook Islands Christian Church of Australia Limited (in liq) FCA 786 – assisted the client in proving solvency.
- Department of Communities, Child Safety and Disability Services & Bogovic FamCA 462 – assisted the client in resisting an application under the Hague Abduction Convention
- Archaeo Cultural Heritage Services Pty Ltd v Gall & Ors  QDC 267 – assisted the client in obtaining an Order for Security for Costs.
- Faamate & Ors v Congregational Christian Church in Samoa-Australia (Ipswich Congregation) ABN 90 103 392 182 & Ors  QSC 194 – Assisted 21 Applicants in bringing a Winding-up Application on the grounds of oppression and seeking declaratory relief (Note: this matter is subject to Appeal).
- Faamate & Ors v Congregational Christian Church in Samoa-Australia (Ipswich Congregation) ABN 90 103 392 182 & Ors (No 2)  QSC 12 – A costs decision in relation to the primary judgment in this matter.
- Bachelor of Biomedical Science
- Masters of Business (Finance)
- Bachelor of Laws at the University of Queensland, and
- Graduate Diploma of Legal Practice from the College of Law.
Outside of the practice of law, James is actively involved in his local community and serves at his local Church. His leadership contributions include:
- Redeemer Lutheran College Council – College Council Member – 2016 to present.
- Redeemer Lutheran College Risk and Compliance Sub-Committee – Chairperson – 2019 to present.
- Queensland Law Society Innovation Committee – Member – 2019 to present.
James also has experience practicing in Fiji where he obtained a temporary practicing certificate as part of a secondment called Lawyers Exchange and Development (LEAD) program. This program was a pilot project of the Kingdom International Legal Network.
- Is a Pension an Asset or Financial Resource When Determining the Property Pool?
- Sole Occupancy Order for the Former Matrimonial Home
- Family Law Act Review
- Surrogacy Arrangements in Queensland
- Update on Domestic and Family Violence Reforms
- My ex wants to take my child overseas: What can I do?
- Changes to Domestic Violence Legislation
- How do I change my Child Support Assessment?
- Sole Parental Responsibility, Sole Care and Special Needs – Case note on Small & Small
- The Impact of Domestic Violence on Family Law Property Settlements – Marriage of Kennon (1997)
- Interim Spousal Maintenance prevented by possible entitlement to Inheritance Funds – the High Court decision of Hall & Hall
- Section 75(2) factors and what’s fair
- What are Contributions?
- What Property will be included in any Property Settlement
- The Divorce Process – One Step At A Time
- Domestic Violence and Family Violence in Focus by the Queensland Government
- UPDATE Family Law Filing Fees: Changes from 12 August 2015
- International Family Law: The Appropriate Court to Commence Family Law Proceedings?
- Family Law Filing Fees: Changes from 13 July 2005
- Family Law Agreements Entered into Outside Australia
- Binding Financial Agreements – Ensuring a Pre-Nup is “Binding”
- Loan Accounts in Discretionary Trusts
- Case note for Kennon v Spry; Spry v Kennon  HCA 56
- Parenting Arrangements Fact Sheet
- Is your “Licence” really a lease – and why does this matter?
- Partnership or Shareholder Agreement – Why you need one
- Unfair Contract Terms
- Start-ups: Legal Changes to look for in 2016 (Part 2)
- Start-ups: Legal Changes to look for in 2016 (Part 1)
- Does GST apply to Services for Ride-Sourcing Arrangements (such as Uber)?
- Commercial & Business Law: Are Emails Legally Binding?
- Start-ups – Increased Incentives to Assist Entrepreneurs in Starting a Business
- New Bill may introduce significant Amendments to the Retail Shop Leases Act 1994 (Qld)
- Is Your Commercial Lease (or Retail Shop Lease) Incentive / Inducement Subject to GST?
- Business Structuring: Making the Right Decision for your Start-up
- Notice of Remedy Breach – What is it?
- UPDATE: The Australian Tax Office releases a Guide for Small Business Directors
- Leases- Landlord unable to Rely Upon Incentive Deed for Damages
- Lease Disputes – What You Need to Know before “Changing the Locks”
- New Finance Opportunities for SME Exporters
- Lease Disputes – Right to Quiet Enjoyment
- Managing Common Legal Issues at the End of a Commercial Lease / Retail Shop Lease(Webinar March 2015)
- Company Directors – some key risks and how to manage them (relevant to Not-for-Profits and for Profits) (Webinar November 2014)
- Starting an application in QCAT: Minor Debts | Consumer Disputes | Residential Tenancy Disputes | Dividing Fences (Webinar February 2014)
- Director’s Penalty Regime
- Richstar – The Court’s Powers to Dismantle Discretionary Trust Structures
- Charity Law – Shadow Directors and De Facto Directors in Charities
- Enforceability of Online Contracts in Australia
- How can my organisation access the Government’s COVID-19 financial assistance?
- I Heard It Through The Grapevine: Social Media As A Vehicle Of Defamation
- An Overview of the Religious Freedom Bills
- Discrimination in Schools – Uniform policy vs. Religious beliefs
- Changes to Smoke Alarm Legislation. Does your house comply?
- Challenging “Fake” Medical Certificate
- Conflicting Legal Duties – Lessons from Sullivan v Moody  HCA 59
- Uniform/Dress Codes: Employee Dismissed for Breach of ‘Clean-Shaven’ Policy
- Top 3 Strategies for Dealing with Unpaid School Fees
- Setting Aside Transactions | Directors’ Breach of Their Duties
- Information, Security & Privacy: A New Year Refresher for 2015
- Correlation Between Bullying and Discrimination in The Workplace
- Interim Orders and Injunctions in Discrimination Cases
- Genuine Redundancy? The importance of Consultation & Redeployment
- Evidence for Personal, Carer, Sick Leave