James Tan focus areas of practice within Corney & Lind are Family Law, Commercial Litigation, and Not for Profit.
He has significant experience in running complex trials, including representing an insured in the Second Combined Business Interruption Test Case, which were ten cases from across Australia which “tested” whether insurance policies would extend coverage to businesses interrupted by COVID-19. The test case has proceeded to an appeal before the Full Federal Court of Australia, and is currently awaiting judgment.
Published decisions in which James has had carriage of, or assisted in, include:
- Faamate & Ors v Congregational Christian Church in Samoa- Australia (Ipswich Congregation) & Ors  QCA 87 – A one day hearing in the Queensland Court of Appeal, to determine whether an incorporated association should be wound up on just and equitable grounds.
Final Trials at First Instance
- Swiss Re International Se v LCA Marrickville Pty Limited (Second COVID-19 insurance test cases)  FCA 1206 – An eight-day final trial in Federal Court of Australia, being part of a ten combined test cases to determine whether insurance coverage would extend to businesses interrupted by COVID-19. Corney & Lind Lawyers represented one of the insured parties (subject to appeal).
- Faamate & Ors v Congregational Christian Church in Samoa-Australia (Ipswich Congregation) ABN 90 103 392 182 & Ors QSC 194 – An eight-day final trial in the Supreme Court of Queensland. Corney & Lind Lawyers represented 21 Applicants in bringing a Winding-up Application on the grounds of oppression, and successfully obtained declaratory relief.
- Department of Communities, Child Safety and Disability Services & Bogovic FamCA 462– A one-day trial heard in the Family Court of Australia, where Corney & Lind Lawyers successfully assisted the Respondent in resisting an application for a return of a child under the Hague Convention.
- TT and Ors v Lutheran Church of Australia Queensland District and Ors QCAT 48– A five-day trial heard in the Queensland Civil and Administrative Tribunal. Corney & Lind Lawyers assisted an independent school in successfully responding to a complex anti-discrimination claim.
Costs, Interlocutory, or on-the-papers Decisions
- Jannard v Dalituicama  QDC 278 – District Court of Queensland, costs decision in a defamation matter, wherein the plaintiff sought leave to discontinue proceedings, and for the defendant to pay the plaintiff’s costs. Corney & Lind Lawyers successfully assisted the defendant in resisting this, and obtained a costs order in the defendant’s favour.
- Faamate & Ors v Congregational Christian Church in Samoa-Australia (Ipswich Congregation) & Ors  QCA 263 – Queensland Court of Appeal Decision in relation to costs, where Corney & Lind Lawyers were successful in obtaining an order which departed from the usual order as to costs.
- Faamate & Ors v Congregational Christian Church in Samoa-Australia (Ipswich Congregation) ABN 90 103 392 182 & Ors (No 2) QSC 12 – Supreme Court of Queensland costs decision in relation to the primary judgment in this matter.
- 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– Federal Court of Australia decision, wherein Corney & Lind Lawyers successfully assisted the defendant in setting aside a winding-up order on the grounds of insolvency.
- Archaeo Cultural Heritage Services Pty Ltd v Gall & Ors QDC 267 – District Court of Queensland decision in a Commercial List Dispute, where Corney & Lind Lawyers successfully assisted the defendants in obtaining an order for security for costs.
- Deslandes & Deslandes  FamCA 913– Family Court of Australia decision, wherein Corney & Lind Lawyers successfully assisted the Applicant in resisting an argument that Australia did not have jurisdiction to hear a family law property matters wherein a prenuptial agreement was entered into outside of Australia.
Apart from his trial experience, James has experience in advising clients on the following matters:
- Breaches of director and fiduciary duties, and governance failures.
- Contractual disputes and debt recovery.
- Retail and commercial lease disputes.
- Partnership, shareholder and membership disputes, “splits”, dissolutions and winding-up applications.
- Supervised Case List and Commercial List 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).
- 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:
- Carinity (a Public Benevolent Institution) – Board Member – 2020 to present.
- Gateway Baptist Church – Risk and Compliance Sub-Committee – 2020 to present.
- Queensland Law Society Innovation Committee – Member – 2019 to present.
- Redeemer Lutheran College Risk and Compliance Sub-Committee – Chairperson – 2019 to present.
- Redeemer Lutheran College Council Member – 2016 to 2020.
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