James Penny

James has been briefed to appear in a range of different matter since being called to the bar.

His criminal law briefs have included bail applications, plea, contested hearings and appeals.  

Key matters have been:

• DPP v Lawrence (A Pseudonym) [2021] VCC 1320 (led by Diana Price)
• Thornton v The Queen [2021] VSCA 325 (arguing the first ground of appeal, led by Paul Kounnas)
• Bail Applicaiton by Graham [2022] VSC 459 (unled)
• Bail Application by BB [2022] VSC (ex temp, written reasons yet to be published, unled)

James also has a broad civil law practice, having been briefed in various matters in various jurisdictions. 

These include: 

• Sheppard Group Services (in liq) – NSWSC (led by Michael Bearman and Scott Cromb) 
• Energy Australia Pty Ltd v ATF Properties Pty Ltd (unled) – VCC

He also has an administrative law practice, regularly being briefed to advise, and appear in matters seeking to review government decisions, such as firearm licence cancellations. 

Matters include: 

• Martin v Commissioner of Police [2022] NSWCATAD 228 (successful merits review overturning a firearm licence cancelation)

James also often appears in s 189 non-prohibited person applications. 

James has been a long believer in access to justice and standing up for those less fortunate. He has been a long-time volunteer at AED Legal, assisting those with disabilities in employment and discrimination matters and Fitzroy Legal helping those who have been charged by Police.   

Immediately prior to coming to the Bar, James worked for a regional Local Council in legal policy and renewable energy policy. 

James is undertaking his Master of Laws at the University of Melbourne, he is also the first ever graduate from the Australian Catholic University, St Thomas More School of Law to sign any bar roll in Australia and is also a long-suffering Essendon member. 

James has also presented to the readers course, with Dr Jason Harkess, on the adducing and tendering of documentary evidence. 

James read with Diana Price and his senior mentor is Paul Hayes QC.