James Matthies

Lawyer
Phone: 03 8600 6059
Email:
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Teams

James joined Aitken Partners as a Lawyer with the integration of John Matthies & Co in May 2011. He joined John Matthies & Co in 2008 and has been in practice since 2005. James is currently a Director of the Australian Aged Care Group Pty Ltd.

He has had several years experience in mortgage recoveries litigation, acting for clients including Victorian Mortgage Investments Limited, James Richardson Finance Pty Ltd (JR Finance Pty Ltd) and various privately managed Superannuation Funds and individuals. 

James has developed expertise in Property Law as well as Commercial Law and Litigation. His recent experience includes:

  • Acting to protect the interests of mortgagors in default of their loans to private lenders and/or the major banks;
  • Federal Court action on behalf of company administrator to recover preference payments alleged to have been made while company was insolvent;
  • Federal Court action on behalf of trustee in bankruptcy to recover alleged preference payments made to related parties;
  • Acting on behalf of a small business owner in a shareholders' dispute;Acting for a Defendant against a major Australian Bank in the Banking and Finance List of the County Court regarding a dispute over penalty claimed for termination of Business Bill Facilities;
  • Supreme Court litigation in regard to obtaining possession of security properties in mortgage default instances;
  • Mortgagee sales on behalf of mortgage funds and private lenders;
  • Advising on Contracts in regard to Off the Plan Purchases, existing Residential Premises and Rural Properties;
  • Sales and Purchases of residential, commercial and rural land;
  • Ascertaining whether GST is applicable to a mortgagee;
  • Issues associated with adverse possession and structures built over property boundaries including advice to clients and mounting and defending adverse possession claims;
  • Dealing with encumbrances registered on title including caveats, second mortgages (and priority agreements), advice to clients regarding such encumbrances;
  • Sales of Owner Builder Properties including advice regarding the Building Act 1993 and Builders Warranty Insurance, dealing with Builders’ Warranty Insurance Companies;
  • Builders’ Warranty Insurance claims on behalf of property investors and owner occupiers including running claims through the Building List of VCAT.
  • Bankruptcy and Insolvency as well as Debt Recovery;
  • Shareholders’ rights and remedies in regard to claim for completion of contract by David Tweed;
  • VCAT Credit Contract dispute regarding damages claim against a Financial Adviser for negligent financial advice and failing to comply with legal requirements;
  • Motor Vehicle and Insurance Litigation including:
  • Freedom of Information applications in regard to Speed Camera Issues;
  • Defending Traffic Infringement matters in the Magistrates’ Court;
  • Victorian Taxi Directorate Licensing disputes; and
  • Motor Vehicle collision litigation.

James also has experience in Wills and Estates, including Wills, Powers of Attorney and Part IV estate litigation.