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 in ClarkeKann’s Litigation and Insolvency team and has specialised in Body Corporate, building and construction, property, commercial litigation, international commercial arbitration, debt recovery and insolvency matters since his admission in 2007.

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 banks and other lenders, liquidators, trustees and receivers, public and private companies, bodies corporate, lot owners, builders, developers as well as local and State authorities.

James approaches dispute resolution proactively, collecting all of the relevant information and evidence at the very beginning to enable an early assessment of the merits each case and ensure the best legal, tactical and procedural approach is tailored for each matter.

James regularly lectures at universities and various industry events on technical legal issues and professional skills development. 

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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