Claire-Louise Mitchell

Director

Claire-Louise specialises in Business and Technology Law.

Claire-Louise has over 20 years experience in the IT industry, acting for both customers and suppliers in public, private and not-for-profit sectors. She is a graduate of Sydney University and UNSW with a Master of Laws and a Bachelor of Economics (First Class Honours in Computer Science).

Claire-Louise brings a depth of experience and unique blend of technical and practical understanding to her work, guiding her clients through the digital transformation process, negotiating on behalf of tier-one IT service providers in dealing with government procurement contracts and assisting IT start ups to protect their emerging IP and develop market competitive terms and conditions. Years of experience with IT projects and associated disputes enables Claire-Louise to equip her clients with pragmatic risk mitigation strategies and proactive project management in addition to a robust, market competitive contractual solution.

In addition to her IT expertise, Claire-Louise provides expertise in mergers and acquisitions, divestments, business transformations, restructuring and establishment of start-up entities. Her greatest satisfaction is in helping her clients make a judgement call when evaluating alternatives in a transaction. She doesn’t speak Latin or sit on the fence. Instead, she actively aims to demystify the law and assist her clients to ‘get the deal done’ within their risk profile and utilising whatever leverage they have in the deal. For some clients, that means standing firm and holding ground. For others, it means conceding a negotiation point whilst taking a pragmatic approach to practical management of the associated contractual risk.

Claire-Louise’s clients value her thorough knowledge of the law and her ability to apply it sensibly and with sensitivity to the market norms and commercial drivers applicable to her clients and the parties with whom they are seeking to do business; together, they get the deal done.

James Mitchell

Barrister

LLB (UNSW), BA(Hons) (Mon)
James advises clients in disputes and litigation matters.

James has a success rate of 95% in the 400+ cases he has appeared in since 2004.  In 15 years of representing the Commissioner of Taxation and Deputy Commissioner of Taxation he has never lost an income tax case or debt recovery action.  In 15 years of representing the Chief Commissioner of State Revenue he has never lost a land tax, duty or payroll tax case.  Of 300+ judicial review cases he has appeared in for the Commonwealth of Australia and its agencies in the Federal Court and Federal Circuit Court he has won 99%.  He regularly appears in the leading cases in Australia and has over 40 reported judgments reported for their understanding and development of the law.  He is respected by the judiciary and peers for getting to and resolving matters efficiently.  He is valued by his clients for the results he achieves, regularly saving them from end of business litigation.

These verifiable results tell only half the story.  Almost all commercial and regulatory disputes are settled.  James has achieved capitulations from high wealth individuals, large financial institutions, class actions proponents, insurers and underwriters.  His cross examination has led to the prosecution and conviction of corporate officers for fraud.  He continues to appear for the Australian Tax Office (since 2005), Chief Commissioner of State Revenue (since 2005), and large transport and utility companies.  He appears for family businesses, well established large public companies and political parties.  James has a wealth of experience in solving the most difficult legal, commercial and regulatory impasses.

James has a breadth of mergers and acquisitions and dispute resolution experience.  He has advised Top 100 listed public companies, on their largest takeovers and acquisitions in Australia, Singapore and the United States.  He has also appeared in Court as counsel for and against Australia’s largest companies, governments and regulatory authorities.  He has a competence that regularly attracts the most astute commercial minds.

James’ passion is to work with businesses that are owner operated.  He has run his own business as a barrister for 16 years and as a director of barristers’ chambers for 8 years and other business interests.  He has an understanding of the commercial drivers facing businesses.  He has conducted end of business litigation for numerous companies as well as working in-house for Telstra Corporation for 3 years.  He has enjoyed finding optimal commercial solutions to legal problems and piloting businesses from turbulence into calm.

He has a large number of owner operated businesses as clients that require the accompaniment of an astute legal mind in M&A, business transition, dispute resolution or managing difficult regulatory or customer issues with a focus on tax and government clients.  He regularly fields calls to resolve commercial or regulatory impasses or advise on the proper structuring of deals.  Having appeared in scores of cases for and against regulators, he has an intimate awareness of how to negotiate through difficult legal and regulatory issues and how to move the most intransigent of opponents.

In all of these instances James has achieved excellence and his track record is both publicly verifiable as one of strength and integrity.

“My passion is working with business owners who have ‘skin in the game’ guiding them through the practical and legal risks associated with the ventures they undertake.”

Claire-Louise Mitchell