James Foster

James is a Partner and commercial disputes lawyer who acts in complex, urgent, and strategically sensitive matters, including through litigation, arbitration, mediation, or commercial negotiation. James has been recognised for bringing clear judgment, tactical discipline, and commercial focus to resolve difficult disputes.

James brings rare major-project experience from within a multibillion-dollar national defence procurement and construction program, where the legal issues were significant, fast-moving, and commercially consequential.  His work in that area is reflected in the judgment he brings to disputes involving regulatory pressure, operational complexity, and high-stakes commercial risk.

James has particular depth in construction, engineering, and major project disputes. He advises on front-end contract negotiations, project delivery risk, contractor disputes, defect claims, termination strategy, regulatory issues, and formal dispute resolution processes on major projects in South Australia and interstate.  His work often involves technically complex disputes where legal strategy must be closely aligned with operational continuity, commercial leverage, and project outcomes.

James also has broad experience in complex and time-sensitive tax disputes (both State and Federal), environmental advisory, agricultural business, insolvency, IP and technology, and general commercial disputes.

His recent work includes: 

  • Leading a major taxation and regulatory dispute involving a large-scale audit, contested notices, and related Federal Court proceedings.

  • Resolving a head contractor dispute in connection with a $150 million+ state-of-the-art industrial processing facility, involving extensive and detailed contractual notices, formal dispute resolution, and negotiated settlement strategy.

  • Advising on a major technology delivery dispute involving project-critical software, default notices, termination strategy, and transition to an alternative project solution.

  • Resolving a series of high-value contractor and defect disputes on a major industrial project involving automated systems, processing equipment, wastewater infrastructure, electrical works, and conveyor systems.

  • Managing the legal and strategic response involving urgent environmental incidents affecting major industrial operations, including regulator engagement, reporting obligations, and negotiated outcomes, across multiple states.

  • Assisting a large business to navigate a significant data breach involving a compromised third-party payroll and HR provider, including privacy obligations, OAIC issues, and recovery strategy.

  • Acting for multiple clients resisting trademark and brand enforcement claims, with claims successfully resolved before escalation.

  • Advising on cultural heritage, native title-adjacent, and Indigenous service delivery issues in a sensitive and highly regulated sector.

  • Handling complex litigation concerning international casino arrangements, commercial funding structures, and disputed payment obligations.

  • Advising in a significant dispute involving a digital healthcare platform, professional reputation issues, director liabilities, publication issues, and defamation-related claims.

James is valued for identifying the key pressure points in a dispute, identifying and implementing a coherent and commercially-driven strategy, imposing structure on complexity, and pursuing outcomes that are proportionate to the commercial stake.