James Cudmore | Partner, LLB

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James Cudmore

James is one of the founding partners of CCK Lawyers. James was a Supreme Court Judge’s associate and worked with two law firms before the establishment of CCK Lawyers.

Throughout his career, James has had a broad focus on commercial litigation, with particular emphasis on insolvency, banking & finance, construction and taxation matters.

James was part of a specialist legal team within the State Bank of South Australia working on issues arising from the collapse of that bank. When he returned to private practice, James was appointed by the State Bank to represent and appear for it in the Royal Commission, and also to represent the bank in the inquiry by the Auditor-General.

James has extensive experience and expertise in complex corporate insolvencies, and in bankruptcies. James acted for the liquidator of the Emanuel Group of Companies and obtained Federal Court approval for the then largest litigation funding arrangement approved by an Australian Court (re Addstone Pty Limited (in liq) (1998) 83 FCR 583). James has had the carriage of numerous complex insolvencies representing liquidators, receivers and company directors. He was responsible for our firm's successful representation of Deloitte in its challenge to certain liquidators' examination orders (Normans Wines Limited (Receivers Managers Appointed) (in liq); Harvey Ors v Burfield & Anor (2004) 88 SASR 541). He was also responsible for representing the interests of associates and family members of Perth family in extensive litigation on a range of issues relating to the insolvency of Southern Equities Corporation (formerly Bond Holdings).

James represented Grocon Constructors in significant litigation in New South Wales, including a successful challenge to a Deed of Company Arrangement: Grocon Constructors Pty Ltd v Kimberley Securities Ltd [2009] NSWSC 541.

James had the carriage of assisting the liquidators of a group of companies having tax debts exceeding $100 million. After extensive investigations and examinations, CCK Lawyers advised on and conducted successful litigation spanning South Australia and New South Wales, resulting in a judgment exceeding $100 million: (BCI Finances Pty Limited (in liq) v Binetter (No 6) [2018] FCA 500.

James has appeared as junior counsel in many reported decisions, including successfully before the High Court of Australia (Bank of South Australia Limited v Ferguson (1998) 192 CLR 248).

James has conducted numerous matters involving taxation, including our successful representation of Futuris Corporation Limited (now known as Elders) in Federal Court proceedings involving disputed assessments exceeding $80M (Futuris v Commissioner of Taxation [2010] FCA 935).

James identified an issue arising from an amendment made to section 197 of the Corporations Act which led to his appearing as counsel before the Full Court of the Supreme Court of South Australia (Hanel v O'Neil (2003) 48 ACSR 378). That case, in turn, provoked considerable professional, academic and judicial commentary and led to the Commonwealth Parliament amending the Corporations Act: Corporations Amendment Act (No. 1) 2005.

James' diverse career has included preparing what was then the largest Security of Payments Act claim ever brought in the State of Queensland.

James is a Member of the Law Society of South Australia.