Our People

James Tobin

Principal Lawyer

+61 3 8600 6091
jtobin@aitken.com.au
James Tobin

Areas of Law: Insolvency, Litigation
Qualifications: Bachelor of Laws | Bachelor of Commerce (Economics)
Office Location: Melbourne

Experience 

James is a Melbourne-based commercial litigation partner with more than 25 years of experience advising businesses, directors, shareholders, insolvency practitioners and high-net-worth individuals in complex disputes.

James practises across a broad range of commercial litigation matters, including corporate and shareholder disputes, insolvency and restructuring matters, contractual disputes, taxation and regulatory proceedings, employment disputes, defamation matters and complex enforcement actions. He regularly acts in matters before the Federal Court of Australia, the Supreme Court of Victoria, the County Court of Victoria and VCAT.

Known for his strategic, practical and commercially focused approach, James works closely with clients to identify effective pathways to resolution while managing litigation risk, cost exposure and commercial objectives. He is frequently engaged in high-stakes disputes involving financial distress, regulatory scrutiny, reputational risk and complex corporate structures.

James has extensive experience resolving disputes through negotiation, mediation and alternative dispute resolution processes. Where court proceedings are required, he provides partner-led representation throughout all stages of litigation, from pre-litigation strategy and interlocutory applications through to trial and enforcement.

Commercial Litigation Services in Melbourne

James advises clients across a broad range of commercial litigation and dispute resolution matters.

Commercial & Contractual Disputes

• Commercial litigation
• Contract disputes
• Misleading and deceptive conduct claims
• Trade practices disputes
• Commercial and retail lease disputes
• Banking and finance disputes
• Building and construction disputes
• Debt recovery and enforcement proceedings

Corporate & Shareholder Disputes

• Director and shareholder disputes
• Corporate governance disputes
• Oppression claims
• Partnership disputes
• Trust and equity disputes
• Business ownership disputes
• Corporate control disputes
• Disputes involving complex corporate structures 

Insolvency & Restructuring 

• Corporate insolvency matters
• Personal insolvency matters
• Winding up applications
• Liquidator and administrator appointments
• Recovery Proceedings
• Director risk and insolvency exposure advice
• Restructuring related disputes
• Creditor and debtor disputes

Regulatory, Employment & Other Disputes

• ASIC investigations and examinations 
• ATO disputes and tax recovery proceedings
• IBAC examinations and document production matters
• Employment and industrial disputes
• Defamation and reputational matters
• Professional liability claims
• Common law and negligence claims
• VCAT and tribunal proceedings

Industries & Clients

James advises a diverse range of clients, including:

• SMEs and mid-market businesses
• Directors and shareholders
• Insolvency practitioners
• Professional advisers
• High-net-worth individuals 
• Property developers and investors
• Corporate groups and family businesses
• Financially distressed businesses

Experience Highlights

Director & Shareholder Dispute

Acted for directors and shareholders involved in a complex corporate dispute concerning management control, financial interests and governance obligations. Developed litigation strategy, negotiated outcomes and represented clients throughout Supreme Court proceedings.

Insolvency & Recovery Proceedings

Acted in insolvency-related litigation involving recovery proceedings, contested claims and enforcement action. Assisted insolvency practitioners, companies and stakeholders to protect their commercial interests while navigating complex insolvency and restructuring issues.

Tax Recovery & Enforcement Matter

Advised a client facing significant tax recovery proceedings initiated by government authorities. Provided strategic advice regarding enforcement risk, compliance obligations and litigation strategy while representing the client throughout the dispute.

Commercial Contract Dispute

Represented a business involved in a significant contractual dispute with substantial financial consequences. Developed an early resolution strategy and negotiated a commercial outcome that avoided protracted litigation and minimised disruption to business operations.

Defamation & Reputational Matter

Acted for individuals and businesses in sensitive defamation and reputational disputes, providing strategic advice on risk management, concerns notices, negotiation and dispute resolution.

Professional Involvement

Law Institute of Victoria

James has been a member of the Law Institute of Victoria since 2008 and remains actively involved in the Victorian legal profession.