James Foster

James is a Director and commercial disputes lawyer with extensive experience in complex litigation and dispute resolution. He acts in significant commercial disputes, particularly in the areas of construction and taxation. His work frequently involves matters requiring urgent intervention or involving substantial commercial and reputational risk.

James previously worked in-house at Naval Group Australia on a multibillion-dollar national defence procurement and construction program. That experience gave him a valuable understanding of how major projects operate, the commercial pressures affecting those involved, and the practical consequences of legal issues arising during project delivery.

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 projects in South Australia and interstate.  He understands the technical and commercial issues involved, including the importance of resolving disputes without unnecessarily disrupting operations.

James also has broad experience advising on State and Federal taxation matters, including complex and time-sensitive disputes involving assessments, objections, and litigation.

His recent work includes: 

  • Leading a major taxation and regulatory dispute involving a large-scale audit, contested notices, and related Federal Court and Supreme Court proceedings. These proceedings involved a range of complex issues surrounding family trust distribution tax under Schedule 2F of the Income Tax Assessment Act 1936 (Cth).

  • Resolving a head contractor dispute in connection with a $150 million+ state-of-the-art industrial processing facility, involving extensive 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 multiple 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 to 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 and Indigenous service delivery issues in a sensitive and highly regulated sector.

  • Acting in 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 particularly skilled at breaking down complex legal problems, identifying the issues that matter, and developing a clear strategy for resolving them. He understands that litigation is a commercial decision, and that the cost and risk of a dispute must be justified by what is at stake.