Director
James Tan
(Brisbane based)
James Tan focus areas of practice within Vocare Law are litigation, and not for profit governance (including charities and schools).
Published Decisions
- Faamate & Ors v Congregational Christian Church in Samoa- Australia (Ipswich Congregation) & Ors [2020] 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.
- Swiss Re International Se v LCA Marrickville Pty Limited (Second COVID-19 insurance test cases) [2021] 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[2019] 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[2017] 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[2013] 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.
- Jannard v Dalituicama [2021] 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 [2020] 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)[2020] 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)[2016] 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[2017] 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 [2015] 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:
Litigation
- 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.
Qualifications
- 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:
- Board of Queensland Baptists – 2024 to present.
- Council of Lutheran Education Queensland – Consultant – 2022 to 2023.
- Carinity (a Public Benevolent Institution) – Board Member – 2020 to 2023.
- Gateway Baptist Church – Risk and Compliance Sub-Committee – 2020 to present.
- Queensland Law Society Innovation Committee – Member – 2019 to 2022.
- Redeemer Lutheran College Risk and Compliance Sub-Committee – Chairperson – 2019 to 2024.
- 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.
Recent Publications
- Case Note for Member Disputes in Incorporated Associations: Singh & Ors v Brisbane Sikh Temple (Gurdwara) Inc [2022] QSC 151
- Guarding your employees mental wellbeing – Kozarov v State of Victoria (2022) HCA 12
- Is your “Licence” really a lease – and why does this matter?
- Partnership or Shareholder Agreement – Why you need one
- Unfair Contract Terms
- Start-ups: Legal Changes to look for in 2016 (Part 2)
- Start-ups: Legal Changes to look for in 2016 (Part 1)
- Does GST apply to Services for Ride-Sourcing Arrangements (such as Uber)?
- Commercial & Business Law: Are Emails Legally Binding?
- Start-ups – Increased Incentives to Assist Entrepreneurs in Starting a Business
- New Bill may introduce significant Amendments to the Retail Shop Leases Act 1994 (Qld)
- Is Your Commercial Lease (or Retail Shop Lease) Incentive / Inducement Subject to GST?
- Business Structuring: Making the Right Decision for your Start-up
- Notice of Remedy Breach – What is it?
- UPDATE: The Australian Tax Office releases a Guide for Small Business Directors
- Leases- Landlord unable to Rely Upon Incentive Deed for Damages
- Lease Disputes – What You Need to Know before “Changing the Locks”
- New Finance Opportunities for SME Exporters
- Lease Disputes – Right to Quiet Enjoyment
- Managing Common Legal Issues at the End of a Commercial Lease / Retail Shop Lease(Webinar March 2015)
- Company Directors – some key risks and how to manage them (relevant to Not-for-Profits and for Profits) (Webinar November 2014)
- Starting an application in QCAT: Minor Debts | Consumer Disputes | Residential Tenancy Disputes | Dividing Fences (Webinar February 2014)
- Director’s Penalty Regime
- Richstar – The Court’s Powers to Dismantle Discretionary Trust Structures
- Charity Law – Shadow Directors and De Facto Directors in Charities
- Enforceability of Online Contracts in Australia
- Disclosing private information regarding schools
- Privacy Act Amendments
- How can my organisation access the Government’s COVID-19 financial assistance?
- I Heard It Through The Grapevine: Social Media As A Vehicle Of Defamation
- An Overview of the Religious Freedom Bills
- Discrimination in Schools – Uniform policy vs. Religious beliefs
- Changes to Smoke Alarm Legislation. Does your house comply?
- Challenging “Fake” Medical Certificate
- Conflicting Legal Duties – Lessons from Sullivan v Moody [2001] HCA 59
- Uniform/Dress Codes: Employee Dismissed for Breach of ‘Clean-Shaven’ Policy
- Top 3 Strategies for Dealing with Unpaid School Fees
- Setting Aside Transactions | Directors’ Breach of Their Duties
- Information, Security & Privacy: A New Year Refresher for 2015
- Correlation Between Bullying and Discrimination in The Workplace
- Upcoming Privacy Law Reforms and the Importance of Updating your Privacy Policy
- Interim Orders and Injunctions in Discrimination Cases
- Genuine Redundancy? The importance of Consultation & Redeployment
- Evidence for Personal, Carer, Sick Leave
