James Nickless | Partner | Brisbane

  • Building & Construction 
  • Debt Recovery & Insolvency
  • Litigation & Dispute Resolution 
Tel 61 7 3001 9237Mob 0429 780 060Email j.nickless@clarkekann.com.au

James is a Partner at ClarkeKann Lawyers and heads up the CK Strata team. He specialises in body corporate and strata law, building and construction and property law and also has extensive experience in commercial litigation, debt recovery and insolvency matters.

As an experienced negotiator and litigator, James has provided advice and representation to clients on a wide range of strata management and corporate governance matters, including meeting procedures, by-law enforcement, defamation and contractual issues, such as leasing, licencing and transfers of common property, as well as transfers of Management Rights.

In addition to his governance expertise and advice, James is regularly called upon to resolve high value building and construction disputes including negotiating the completion of defective building items, contractual disputes, and payment claims.

The key to James' success lies in the fact that he approaches dispute resolution proactively, collecting all of the relevant information and evidence at the very beginning to enable an early assessment of the merits of each case. This enables him to tailor the best possible legal, tactical and procedural approach to each and every case. He has a strong understanding of the industries in which he operates and combines his knowledge and experience with his negotiation skills and tenacity to achieve the best possible outcome for clients.

James practices in the Federal, Supreme, District and Magistrates Courts as well as the Queensland Civil and Administrative Tribunal and the adjudication processes under the Office of the Commissioner for Body Corporate and Community Management. He has acted for bodies corporate, lot owners, builders, developers, banks and other lenders, liquidators, trustees and receivers, public and private companies, as well as local and State authorities.

In addition to his legal practice, James regularly lectures at universities and various industry events on technical legal issues and professional skills development.

James is on the Board of Directors for Strata Community Australia (QLD), is an active member of their legislative review committee, and is also a trainer of the SCA’s A100, Introductory Strata Management course.

Experience

Debt Recovery & Insolvency    

  • Body Corporate debt recovery

    Overseeing the bulk collection of statutory debts for unpaid contributions of lot owners pursuant to the Body Corporate and Community Management Act 1997.  
  • General debt recovery

    Advising businesses on optimal debt collection procedures and appropriate terms and conditions for the facilitation of efficient debt collection and securitisation, particularly in light of the Personal Property Security Act 2009 (PPSA).  
  • Insolvency and Bankruptcy

    Advising and acting on behalf of clients and insolvency practitioners in relation to all aspects of corporate and personal insolvency.   

Litigation & Dispute Resolution 

  • Building and Construction  

    Acted on behalf of a major sporting club on an adjudication of a payment claim under the Building and Construction Industry Payments Act (BCIPA) which resulted in the client being required to pay nothing in relation to a payment claim in excess of $1.2M.     
  • Body Corporate advice

    Advising Bodies Corporate, Body Corporate Managers and Management Rights owners on various aspects of the Body Corporate and Management Rights industry including corporate governance and meeting procedures, by-law enforcement, defamation and contractual issues such as leasing, licencing and transfers of common property as well as transfers of Management Rights. 
  • International trade and disputes 

    Advising and acting on behalf of clients in relation to the importation and exportation of goods and various international trade disputes resulting via mediation, international commercial arbitration and litigation.
  • Building Defects

    Successfully negotiated on behalf of a Body Corporate for the completion of over 500 separate defective building items by the builder and secured an enforceable undertaking from the builder and developer to refrain from dealing with the bank guarantee under the original construction contract until the Body Corporate and its expert were satisfied with the remedial works.
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Articles

People

Partners, Steven Cardell and Paul O’Dea were recently listed in Doyle’s Guide to the Australian Legal Profession - Leading Property and Real Estate Lawyers – Brisbane 2016. To make this list requires feedback from various sources but most importantly our clients. We thank our clients for that valuable input and look forward to assisting in your continued property growth.  VIEW MORE

Expertise

ClarkeKann has received the Australia-Taiwan Business Excellence Award for our efforts promoting and advising on most of the major investments from Taiwan into Australia over the last 20 years. Click below for more details about Foreign InvestmentVIEW MORE

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