James Doherty

LLB. [Hons]; BA. [Hons].
James Doherty
  • Chambers: Floor 4, Room 409, ODCE
  • Year Admitted: 11th April, 1994
  • Year Signed Bar Roll: 25th May, 2000
  • Admitted to Practice in: Victoria, New South Wales, Federal Jurisdictions..
  • Phone: (03) 9225 8374
  • Mobile: 0401 712 591
  • Facsimile: (03) 9225 7907
  • E-Mail: doherty@vicbar.com.au
  • Areas of Practice
    • Administrative Law
    • Building and Construction Law (Incl Engineering)
    • Civil Liberties/Discrimination
    • Commercial Law
    • Coronial Inquests
    • Corporations (Company) Law
    • Crimes Compensation
    • Crimes/Family Violence/Interv. Orders
    • Criminal Law
    • Defamation
    • Disciplinary & Related Tribunals
    • Equity & Trusts
    • Insurance Law
    • Intellectual Property
    • Media/Entertainment Law
    • Probate/Wills/Family Provision
    • Professional Negligence
    • Superannuation
    • Taxation ( Including Revenue, Customs & Excise)
    • Trade Practices

At the Bar.

Jim has a broad commercial litigation practice with specialties in trade practice and financial services law. He has acted for members of a managed investment scheme in a Federal Court class action, acted in proceedings involving breaches of directors' duties and has advised the Australian Securities and Investments Commission in relation to enforcement proceedings. He has acted for trustees and members of superannuation funds including on appeal in the Federal Court from determinations of the Superannuation Complaints Tribunal.

Jim's commercial litigation experience extends to proceedings relating to insolvency, building and tenancy disputes. He has provided advice in respect of professional misconduct proceedings including those involving legal practitioners.

Jim takes Pro Bono matters through the VicBar Legal Assistance Scheme.

He is the Deputy Chair of the Corporations and Securities Law Section of the Commercial Bar Association.

Papers/ Research/Training

Jim has given papers at the following seminars:

  • Equitable remedies - "Correcting the written mistake- the principles of rectification" - September 2003 [Legalwise Seminars]

  • Disputes about the meaning of commercial contracts in writing - "Rectification and Estoppel: Ancillary Remedies to the Construction of Written Commercial Contracts" - October 2004 [Leo Cussen Institute][Paper jointly written with Albert Monichino]

  • Drafting Documents For Commercial Pleadings - "Affidavits, Witness Statements and Expert Witness Statements" - March 2005 [Legalwise Seminars]

  • The A-Z of Preparing for Commercial Litigation - Affidavit paper and "Approaching Basic Evidentiary Issues in Commercial Matters" - May 2006 [Legalwise Seminars].

  • "The Litigious Side to Superannuation Law" - October 2006 [Law Institute of Victoria][Jointly with Paul Cosgrave SC]
  • "The Witness Statement as a Weapon" - August 2007 [Leo Cussen Institute]

  • "Recent Developments in Expert Evidence" - March 2008 [Legalwise Seminars]
  • "Drafting Effective Legal Advice" - March 2009 (Leo Cussen Institute.
  • "Litigious Aspects of Superannuation" - May 2010 [Victorian Bar - jointly with Paul Cosgrave SC].
  • In addition, Jim presented Daniel Aghion's paper - "Injunctions and Interlocutory Orders: Professional and Ethical Responsibilities for Legal Practitioners" - November 2004 [Legalwise Seminars].

    • Experience as a solicitor

    Jim completed his articles at Hall & Wilcox with a strong focus on commercial and insurance litigation. He then spent three years in the group legal team at National Mutual (now known as AXA) handling a wide range of matters for the group. After leaving National Mutual, Jim joined the firm now known as Middletons Lawyers for two years in general commercial law practice building on his specialty in financial services (including managed investments, life insurance and superannuation).

    Jim has been a member of a number of industry bodies including the Law Institute Superannuation Committee and various Australian Superannuation Funds Association Study groups. He is still a member of the Super Lawyers Discussion Group.

    Further, from 1991 to 1998 Jim was a volunteer for the Coburg and Brunswick Community Legal and Financial Counselling Centre and provided legal advice and referral in a wide range of matters. Jim was a member of the management committee of the Centre in 1996.

    From 1/07/2008: Professional Standards Act 2003 [Vic] "Liability limited by a scheme approved under Professional Standards Legislation."