JamesEbert

Partner

Sydney + 61.2.8272.0588

James Ebert is a commercial litigator who acts for global and domestic clients in a range of commercial disputes and risks, providing strategic guidance throughout the life cycle of actual or anticipated disputes. His practice is focused on high-stakes disputes, with particular attention on the construction and infrastructure sectors, significant joint venture and M&A disputes, and other complex disputes for large multinationals.

James has represented clients in the New South Wales (NSW) and Queensland Supreme Courts, the Federal Court of Australia, and appellate proceedings in the Federal Court and the High Court of Australia. He also regularly provides advice on anticipated dispute risk avoidance and management and acts in expert determinations and other alternative dispute resolution methods.

His recent experience highlights cover a number of construction and infrastructure disputes, including acting for Fluor in ongoing proceedings brought by Santos in the Queensland Supreme Court (following the successful recovery of approximately $500 million for Fluor in prior adjudications) and acting for Lendlease in successful NSW Supreme Court proceedings regarding the development of the Barangaroo precinct.

He has also recently acted in various major corporate disputes, including for Lowe's, in relation to its exit from a joint venture with Woolworths and the Masters hardware/home improvement business in Australia.

Prior to joining Jones Day, James worked at a major Australian firm, where he was involved in several matters, including a multimillion dollar construction and development dispute in NSW and Queensland, and acted for an audit and professional services firm on matters regarding a large Australian corporate collapse.

Experience

  • Foreign client seeks advice relating to potential domestic and private international law remedies against Australian governmentJones Day is advising a foreign client as to its domestic and international law remedies following an Australian government decision to exclude the company from participating in an Australian commercial opportunity.
  • Keller successfully recovers amounts relating to outstanding payments and third-party cyber fraud on ground engineering and construction projectJones Day acted for Keller Pty. Ltd. in a successful statutory adjudication to recover payments due from Karimbla Constructions Services (NSW) Pty Ltd, and defended related proceedings subsequently commenced by Karimbla in the Supreme Court of New South Wales.
  • Bank of Queensland seeks counsel in Banking Royal Commission inquiryJones Day acted for Bank of Queensland Limited and its subsidiaries in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
  • Lowe's exits from Masters Home Improvement joint venture with Woolworths in AustraliaJones Day provided strategic advice and assisted Lowe's Companies, Inc. with various aspects of its exit from a joint venture with Woolworths Limited, with respect to the Masters hardware and home improvement retail business established by the joint venture in Australia and New Zealand.
  • AECOM resolves dispute with Leighton over ETTT projectJones Day acted for AECOM Australia Pty Ltd in successfully resolving a dispute with Leighton Contractors Pty Ltd concerning its design, procurement support, and construction support services on the Epping to Thornleigh Third Track ("ETTT") project, including variation claims and recovery of outstanding payments.
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