James Beaton |Partner

James' extensive experience in banking-related disputes began with his 1998 secondment to Westpac as the sole lawyer responsible for managing claims and litigation against the bank. In that role he saw and managed diverse disputes ranging from cheque and mandate disputes, fraud, alleged breaches of customer confidentiality, and alleged improper enforcement of security. In his practice since, James has often acted for financial institutions in disputes alleging unconscionable dealings, misleading and deceptive conduct and undue influence. James is thoroughly familiar with the management of ancillary brand and reputation issues arising in such matters.

James is a commercial litigator, highly experienced in complex litigation in the Federal Court of Australia and the Supreme Court of New South Wales. He is familiar with all aspects of claim or defence preparation and litigation strategy, including obtaining urgent injunctive relief and the appropriateness and timing of dispute resolution mechanisms such as mediation. High profile cases include successfully defending a $40 million claim against ANZ Bank; acting for the representative defendant of the 'continuing investors' in the failed Basis Capital Funds; and managing the response of a leading Australian financial institution to an aggressive ASIC investigation into the collapse of the Storm Financial group.

James has extensive experience is working with creditors whose interests are adversely affected by the insolvency of a customer or counterparty. James has experience in drafting terms and conditions for suppliers that maximise their rights when a customer becomes insolvent, enforcing retention of title clauses against insolvent companies and enforcing charging clauses in guarantees against guarantors as well as advising on creditors ability to terminate contracts as a result of an actual or potential insolvency-related default.

James has extensive experience providing advice to directors in the context of insolvent trading risk. He has advised directors effected by deeds of company arrangements on rights and remedies available and has been involved in complex litigation involving claimed breaches of directors duties.

James acts for insolvency practitioners appointed as liquidators following a corporate collapse. He has experience in dealing with the big 4 Australian Banks and leading insolvency accountants, as well as with regulators when a corporate collapse occurs, including ASIC and ASX.

James' practice is largely based on advising secured creditors, security trustees and receivers tasked with realising assets for the benefit of their appointor.

James has extensive experience in managing the response to regulatory investigations, especially by ASIC. This typically involves notices for the compulsory production of documents and the summonsing of key executives to give confidential sworn evidence to ASIC officers. James is adept at managing this process to ensure that the rights of the organisation and key employees are protected. James recently managed the response of a leading Australian financial institution to an aggressive ASIC investigation into the collapse of the Storm Financial group.

James has substantial experience in working with businesses that require the opportunity to achieve a turnaround or address an unsustainable debt structure. James' work involves negotiating standstills with major creditors, promoting and implementing a debt for equity swap or promoting a creditors' scheme of arrangement, amalgamating businesses or funds, refinancing debt or accelerated asset sales.

James frequently acts for insolvency practitioners appointed as voluntary administrators by a company's board, and other stakeholders who interact with voluntary administrators (whether as secured creditors, receivers, landlords, directors, or potential purchasers of assets).