James has practised exclusively in insurance and financial litigation both in Australia and London.
He has broad experience in professional indemnity, employment practices liability, directors’ and officers’, coverage, employment practices, commercial litigation and accident and injury claims.
James has acted for:
- financial professionals such as accountants, taxation and corporate advisors, mortgage brokers, stockbrokers, financial planners both in litigation and when responding to complaints made to the Australian Financial Complaints Authority;
- lawyers, property managers, real estate agents, engineers, builders and not for profit associations;
- insurers and underwriters giving coverage advice under financial lines, directors’ and officers’ and liability policies;
- employers responding to unfair dismissal, general protections and stop bullying claims in the Fair Work Commission and Federal Courts and harassment claims in the WA Equal Opportunity Commission and Australian Human Rights Commission; and
- businesses responding to personal injury, fatal accidents, property damage and product liability claims.
James represents the firm’s national employment practice liability practice in Perth.
He strives to achieve the best commercial outcome for clients and enjoys navigating the sensitive issues at play when a professional or organisation has its reputation at risk. James particularly understands insurance clients well, drawing on his experience of a secondment to a client’s Sydney office.
James holds a Master of Laws.
Articles and Presentations
Nitesh Patel, James Duffy, Lewis Flynn “No vicarious liability for a rogue employee’s data breach: learnings for more than the Morrisons UK supermarket chain” (2020) 17(5) PRIVLB 74
Presentation to insurers – ‘The Australian consumer law – a timely refresher’ 2018
The relevance of loss insurance in the assessment of vulnerability in cases of pure economic loss (2014) 25 ILJ 263
When Does Market Power Derive from Excess Capacity? (2016) 24 CCLJ 48
How should Directors tackle Cyber Risks? (2018) 46 ABLR 134