James Tan - Corney & Lind

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Director

James Tan

(Brisbane based)

James Tan focus areas of practice within Corney & Lind are litigation, and not for profit governance (including charities and schools).

Published Decisions

Appeals

Final Trials at First Instance

Costs, Interlocutory, or on-the-papers 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

Commercial Law

Other Law Areas

Sector expertise

Commercial

Commercial

Commercial

Not-for-profit

Not-for-profit

Not-for-profit

Litigation

Litigation

Litigation