A leading national law firm.
Linkedin

James Kearney

Partner

Adelaide

James is a commercial litigator with experience in complex arbitration matters and Court litigation across the Australian jurisdictions.

James has a particular focus on advice and litigation in the context of projects in the mining and energy industries. His broad experience includes numerous joint venture disputes in the mining, oil and gas industries, regulatory prosecutions relating to gas pipeline and energy infrastructure and project and construction disputes relating to power stations, pipelines and processing plant and equipment.

James has a good working knowledge of the regulatory and commercial overlays applicable to the oil and gas industry through the above experiences and advisory work he has performed including acting on both sides of disputes arising under gas transportation agreements and advising on liability issues arising where gas supply is impacted by plant or pipeline failures.

James tailors his approach to the client’s requirements and adopts strategies which have the clients needs at their heart.

  • +61 8 8330 2951

Memberships, Accreditation and Activities

  • Best Lawyers, Litigation 2014 to 2026
  • Best Lawyers, Construction and Infrastructure, 2013 to 2026
  • Best Lawyers, Alternative Dispute Resolution, 2013 to 2026.

 

Expertise

James’ expertise includes:

  • Construction and infrastructure advice and dispute resolution
  • Regulatory advice including investigations and prosecutions
  • Joint Venture Disputes
  • General commercial disputes.

Recent Matters

  • Acting for a government owned corporation in respect of substantial contractor claims for variations and delay costs (total claim exceeding $50 million) in the context of the construction of two power stations
  • Advising a uranium miner in respect of multiple claims brought against it, in the form of strategic litigation seeking to achieve a buy out or renegotiation of the JV terms, by its joint venture participant
  • Acting for a joint venture participant in Qld based gold mining venture successfully obtaining a Queensland Supreme Court injunction preventing the other joint venture participant from acting on a purported termination of our client participation rights and the expulsion of our client from the applicable Mining Leases relating to competing claims between joint venture participants as to the ownership of marketing rights
  • Acting for a large property investment and funds management group in respect of complex claims relating to the costs of constructing a major supermarket warehouse and logistics centre with competing claims exceeding $35 million and involving numerous parties due to a complex structure where the original owner of the land maintained a profit entitlement subject to certain risks on construction costs
  • Acting for a gold producer in Arbitration proceedings where the other joint venture participant claimed damages based on alleged defects in the processing of ore and contentions that substantial gold had been lost to tailings or otherwise had been intercepted and unlawfully dealt with by the other joint venture participant
  • Acting for multiple principles to manage and mitigate project impact where subcontractor and/or supplier insolvency (or insolvency risk) arises.

Memberships, Accreditation & Activities

  • Best Lawyers, Litigation 2014 to 2026
  • Best Lawyers, Construction and Infrastructure, 2013 to 2026
  • Best Lawyers, Alternative Dispute Resolution, 2013 to 2026.