Areas of Practice
Alternative Dispute Resolution
Building and Construction
Competition and Trade Practices
Corporations and Commercial
Corporate Insolvency
Equity
Inquests, Royal and Special Commissions and Statutory Tribunals
Local Government
Professional negligence
Date of admission to the Bar
2005
Contact Details
+ 61 2 8815 9113
james.gibson@5wentworth.com.au
Education
Bachelor of Arts (Joint Hons), English Literature and Philosophy, Keele University
Post Graduate Certificate of Education, Oxford University
Bachelor of Laws, NSW University
Professional Career
Prior to admission as a barrister, Mr Gibson was a senior associate with Allen Allen & Hemsley (now Allens Arthur Robinson). In 1997 he joined Andersen Legal as a partner and became the National Head of Dispute Resolution in 2000. In 2003 he joined Corrs Chambers Westgarth before coming to the bar in 2005.
Prior to admission as a solicitor, Mr Gibson was a teacher, teaching in schools in the United Kingdom, Bangladesh and the Sultanate of Oman.
As a solicitor Mr Gibson acted in a number of high profile cases and Royal and Special Commission of Inquiry from the early 1990s. These included assisting parties in the Martin Banking Inquiry and in the “Four Corners” Inquiry - and in the associated proceedings in Australia and overseas to recover stolen documents (the “Westpac letters”); the Special Commission of Inquiry into the Allegations made by Mrs Franca Arena; the Royal Commission into the collapse of HIH; the Special Commission of Inquiry into the Accident at Waterfall and the Special Commission of Inquiry into the Medical Research and Compensation Foundation.
Selected Cases
Since commencing practice as a barrister in 2005, Mr Gibson has appeared in principally commercial matters in the High Court, the New South Wales Court of Appeal, the Supreme and District Courts of New South Wales and the Consumer Trader and Tenancy Tribunal. He has also appeared in the Coroner's Court.
Most recently, he appeared as junior in the successful appeal to the High Court in Douglas Ronald Campbell v Backoffice Investments Pty Ltd & Anor [2009] HCA 25 (handed down 29 July 2009) on appeal from Campbell v Backoffice Investments Pty Ltd (2008) 66 ACSR 359 [2008] NSWCA 95. The matter concerned misleading and deceptive conduct and 'oppression' pursuant to 232 of the Corporations Act 2001.
Mr Gibson has also represented parties in matters of public interest, including matters associated with Home Building Insurance Legislation failing to provide adequate protection in the face of defective work by an insolvent building and in 2007 acting in an inquest into the drowning of a child in a backyard swimming pool.
He has also appeared for a number of clients in mediations of commercial disputes.