James Penny

Profile

James practices in commercial litigation, common law, and regulatory matters.

James has a broad commercial and insolvency practice. He appears in contractual disputes, misleading and deceptive conduct cases, and insolvency and regulatory proceedings.

He is frequently briefed in professional negligence and disciplinary cases as well as regulatory proceedings. This includes civil penalties proceedings and prosecutions, where he acts for both Commonwealth and State regulators and companies, directors and individuals.

James has a particular interest in cases involving director’s duties, and the broader liability of directors.

More recently, James has been briefed in matters involving police torts, prison torts, institutional abuse cases and coronial inquests, including inquests into deaths in custody and an inquest into a fatal mid-air plane collision. 

James has sat as a panel member and chairman of the Victorian Amateur Football Association tribunal for three years and more recently was appointed as a panel member to the Football Victoria tribunal.

Some of James’ recent cases include:

• Mayfair Holdings Pty Ltd v Terafortis Ltd [2025] VSCA 323. Briefed to set aside statutory demand in the Supreme Court and subsequent appeal. Led by H Austin KC. Contra, C Jones.
• Magriplis-Hampton v MM LP Holding Pty Ltd [2025] VSCA 274. Appeal regarding the application of advocates immunity to serious injury applications. Led by M Y Bearman. Contra, A Strahan KC with R Ajzensztat.
• Po’oi v Minister for Immigration and Citizenship [2025] FCAFC 192. Appeal regarding a decision to uphold the Minister’s decision to cancel Ms Po’oi’s visa. Led by G Costello KC. Contra, A Solomon-Bridge and L Stevens.
• Simplot Australia Pty Ltd v Global Commodity Trading Group Pty Ltd – Supreme Court (ongoing). Acting for the defendant regarding claims for breach of contract and mislead and deceptive conduct. Led by M Y Bearman. Contra, A Purton.
• Harris v Financial Service Partners – County Court (ongoing). Claims for breach of contract and deceit for misappropriation of funds through sham investments. Contra, H Hill-Smith.
• Diamond Builders Pty Ltd v Beatles Pty Ltd – Couty Court (ongoing). Briefed to act for Beatles Pty Ltd in a County Court trial, part heard, regarding a contractual dispute and defects claim. Led by M Whitten KC and A Blair. Contra, A Morrison.
• Bridge & Anor v Fisher – Supreme Court of Tasmania (ongoing). Briefed to appear for the Trustee in an application by beneficiaries for his removal. Led by M Y Bearman and S Karabidian. Contra, B Roberts KC with T Kentish.
• EPA v Fortek (Princes) Pty Ltd & Anor [2025] Magistrates’ Court. Briefed to prosecute breaches of the Environment Protection Act 2017, resolved to a plea. Contra, R O’Neill SC with G Barr.
• ESI Projects Pty Ltd v EPA [2025] VCAT 837. Review brought by ESI Projects in VCAT, seeking to set aside an Environmental Action Notice served on it by the EPA. Contra, K Chan.
• EPA v Visa Group Pty Ltd & Anor – Supreme Court (ongoing). Briefed by the EPA in civil penalty proceedings for contraventions of the Environment Protection Act 2017. Led by Dr M Shapre. Contra, A Walker and D Bruno.
• Beatles Pty Ltd v Diamond Builders Pty Ltd – Federal Court [2025] (settled). Acting for Beatles Pty Ltd in an application to set aside a statutory demand issues by Diamond Builders Pty Ltd.
• Wyss v Mentone Grammar School [2025] Supreme Court (settled). Briefed to defend a claim of institutional abuse. Led by D McWilliams SC. Contra, T Tobin SC with L Allan.
• Coronial inquest into the death of James Rose. Briefed to appear for next of kin of James Rose, arising from a plane crash over Port Phillip Bay. Led by L Allan.
• Coronial inquest into the death of Victor Daicos (ongoing). Briefed to appear for the senior next of kin, for a death in custody inquest. Led by C Winneke KC.

James has authored published articles and CPD papers on topics including evidence & expert evidence, civil procedure, and costs. His most recent article, Calderbank or Compromise was co-authored with David Lloyd and published in the LIJ.

James read with Diana Price and his senior mentor was Paul Hayes KC.