James Healy

James HealyVice President

LLB, FCIArb, DiplCIArb, RITP

Barrister and Arbitrator

 

James specialises in resources and construction disputes, acting at various times for all of the proponents in such projects across Australia and internationally. He also practices extensively in directors’ duties and insolvency related matters.

Prior to joining the bar in 2010, James was a partner of a national law firm and assisted clients with all commercial and contentious aspects of the development of resources projects in Australia, the Asia Pacific and Africa.

His practice focuses on complex contractual disputes with respect to major construction and engineering projects and infrastructure. This has included acting for parties in international arbitrations in the London Court of International Arbitration (LCIA), Singapore International Arbitration Court (SIAC) and numerous ad hoc international arbitrations.  That work has seen him work extensively with delay and quantum experts and collating the supporting lay evidence.  He has also acted as counsel to a number of the leading cases on enforcement and judicial review of determinations under the Construction Contracts Act 2004 (WA).

A CIArb Australia director since 2013, James is a member of the global CIArb Approved Faculty List, and regularly teaches, presents and publishes papers in Australia and overseas. He is the Immediate Past Chair of the CIArb Australia Young Members Group and the Australian representative of the global CIArb YMG and as CIArb Australia’s Vice President is actively involved in the branch activities.

Doyles Guide to the Australian Legal Profession and the Australian Financial Review Best Lawyers regularly peer reviews James as a leading junior counsel.  He is named as a leading construction junior barrister, the pre-eminent Western Australian junior barrister in insolvency and reconstruction and is listed for his work in general litigation.

Professional Qualifications & Memberships

LLB - University of University of Western Australia

Fellow – Chartered Institute of Arbitrators

DiplCIArb – Oxford

Qualified adjudicator under the Construction Contracts Act 2004 (WA)

RITP – Professional Member of the Australian Restructuring Insolvency & Turnaround Association

Professional Organisations

James is an active member appointed and/or elected to the following organisations:

  • CIArb Australia – Vice President and Director
  • Law Council of Australia – International Law Committee
  • Law Council of Australia & WA Law Society – Construction and Infrastructure Law Committee
  • Law Council of Australia & WA Law Society – Insolvency and Reconstruction Law Committee
  • Member of International Chamber of Commerce Australian Chapter (ICC)
  • Member of Society of Construction Lawyers Australia (SOCLA)
  • Australian Restructuring Insolvency and Turnaround Association (ARITA)
  • Resources and Energy Law Association (AMPLA)

Recent Matters include:

  • Counsel in international arbitration seated in Indonesia concerning construction of processing plant, and an international arbitration in the Philippines concerning a joint venture dispute over offshore petroleum permits.
  • Acting in a number of international arbitrations regarding procurement of project infrastructure installed at resources projects in Western Australia.
  • Offshore oil and gas processing plant dispute for South Korean client.
  • Briefed to advise and appear in Supreme Court proceedings involving construction of a gold mine and associated infrastructure.
  • Briefed to advise and appear in relation to Supreme Court proceedings concerning design and construction of a Perth hospital.
  • Project financing success fee dispute for an infrastructure development in the Sydney Federal Court.
  • Judicial review proceedings under the Construction Contracts Act 2004 (WA)
  • Lead counsel in a design and construction dispute concerning a biofuel cogeneration plant.

 

E: jhealy@francisburt.com.au