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James Beaton

Partner
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MinterEllison

Sydney, Australia
    Local Time: Monday 03:40

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Profile

Although I often act for clients in contested court proceedings, I also advise on out-of-court risk and regulatory matters. I guide my clients through stressful regulatory investigations and help them manage risks to their brand and reputation.

I was the solicitor assisting a high profile Royal Commission, so I understand complex public inquiries and how to operate under intense media and political scrutiny.

Career highlights

  • Acting for a number of financial services institutions in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry 
  • Australian Government – retained as the solicitor assisting the Royal Commission into Trade Union Governance and Corruption, working on every aspect of the Commission, from its establishment to the conduct of its investigations and hearings, and the preparation of the Commissioner’s report and recommendations
  • A leading financial institution – managed the response to an Australian Securities and Investments Commission (ASIC) investigation into the collapse of the Storm Financial group and subsequent litigation
  • A leading financial institution – acted in response to an ASIC investigation into suspected insider trading
  • A leading financial institution – responded to an ASIC investigation concerning compliance with the National Credit Code
  • Optus – advised in contested Supreme Court proceedings against former employees for breach of their fiduciary duties
  • Basis Capital Funds Management – acted as the representative defendant for the ‘continuing investors’ in a failed investment management company, resulting in a watershed Supreme Court of NSW judgment determining the respective rights and entitlements of competing stakeholders in a ‘frozen’ fund
  • National Nominees Limited – served as the representative defendant of the non-redeeming ‘continuing investors’ in the ING Wholesale Enhanced Cash Trust
  • Challenger – appeared as the representative defendant for all investors in a court-sanctioned restructure of approximately $800 million in funding for Macquarie Airports
  • National Australia Bank and Deloitte – acted in relation to the collapse of the Rubicon group, and advised in relation to the successful sale of the debt owed by the Rubicon Europe Trust to a US hedge fund
  • Optus – assisted in relation to its exposure to Bill Express Limited (in liquidation), an electronic payments provider that had approximately 14,000 terminals around Australia and distributed Optus’s prepaid phone cards
  • TRACE – served as Australian counsel for the not-for-profit membership association, which pools resources to provide practical and cost-effective anti-bribery compliance solutions for multinational companies and their commercial intermediaries

Awards and Recognition

  • Recommended, Litigation - Best Lawyers: 2016, 2017, 2018, 2019, 2020, 2021
  • Recognised Practitioner, Anti-Bribery and Corruption – Chambers Asia Pacific: 2018, 2019, 2020
  • Recommended, Alternative Dispute Resolution - Best Lawyers: 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021
  • Recommended, Insolvency and Reorganisation - Best Lawyers: 2016, 2017, 2018, 2019, 2020, 2021
  • James Beaton 'heads up the national dispute resolution group and significantly contributes to the team's ability to handle regulatory investigations and commissions of inquiry'- Asia Pacific Legal 500: 2020

Education
LLB, BCom

Areas of Practice

Articles

  • Royal Commission into Aged Care Quality & Safety: Melbourne Hearing 2

    Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Melbourne Hearing 2 from 7-11 October 2019.

    It inquired into diversity in aged care, including culturally and linguistically diverse people, LGBTI groups, Aboriginal and/or Torres Strait Islander people, care leavers, veterans, and the homeless or those at risk of homelessness. Here, we summarise the activities of each day.

  • Royal Commission into Aged Care Quality and Safety: Mudgee Hearing

    This week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Mudgee hearing from 4-6 November 2019. It inquired into arrangements for, and issues associated with, the provision of aged care services in regional and remote areas, including multi-purpose services. Here, we summarise the activities of each day.

     

  • Royal Commission into Aged Care Quality & Safety: Brisbane Hearing

    Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Brisbane hearing from 5-9 August.

    It inquired into the regulation of aged care, with a focus on quality and safety and how aspects of the current regulatory system operate. Here, we summarise the activities of each day.

  • Update: Royal Commission into Aged Care Quality & Safety

    2019 is set to be a significant year for the aged care industry. With the Royal Commission into Aged Care Quality and Safety shining a spotlight on the sector, it's critical for all approved providers to be across the details.

     

  • The New Registered Organisations Commission – An enhanced regime for the regulation of registered organisations
  • Royal Commission into Aged Care Quality & Safety: Adelaide hearings and witness list

    The public hearing scheduled for Monday 11 February to Wednesday 13 February examined the key features of the aged care quality, safety and complaints system as it operated prior to 1 January 2019. Here, we summarise the activities of each day.

  • Royal Commission into Aged Care Quality & Safety: Adelaide hearing 2

    The Royal Commission into Aged Care Quality and Safety held its second Adelaide hearing this week, the focus of which was on home care services. Here, we summarise the activities of each day.

  • Royal Commission into Aged Care Quality & Safety: Canberra Hearing
    Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Canberra hearing from 9-13 December 2019. It inquired into the interfaces between the aged care system and the health care system, including both Commonwealth and state/territory programs. It also examined whether older people, particularly those living in residential aged care facilities, are able to access the health services they need as they age. Here, we summarise the activities of each day.
  • Royal Commission into Aged Care Quality and Safety - Broome Hearing
    This week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Broome hearing from 17-19 June. Its focus was on the quality and safety of residential aged care, with a particular emphasis on care for Aboriginal and Torres Strait Islander people and the barriers to accessing aged care for people in remote areas. Here, we summarise the activities of each day.
  • Royal Commission into Aged Care Quality & Safety: Darwin Hearing

    Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Darwin hearings from 8-12 July.

    Its focus was on various aspects of care in residential, home and flexible aged care programs, rural and regional services delivery of aged care and the quality of life for people receiving aged care. Here, we summarise the activities of each day.

  • Who is an officer of a corporation? 
    Case Note: Australian Securities and Investments Commission v King [2020] HCA 4

    The decision provides some clarity around the meaning of 'officer' as defined in s9 of the Corporations Act.
  • Terms of Reference released - Royal Commission into Aged Care Quality and Safety

    Following the announcement on Sunday 16th September by the Prime Minister, Scott Morrison, of the Royal Commission into Aged Care Quality and Safety, the Terms of Reference have now been released.

  • Appeal Court overturns Sakr Nominees

    Insolvency practitioners seeking remuneration now know that the compulsory application of the principle of proportionality in smaller administrations has been put to rest by the Court of Appeal.

  • Royal Commission into Aged Care Quality & Safety: Hobart Hearing
    This week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Hobart hearing from 11-15 November 2019. It inquired into the operations of selected Approved Providers that operate residential aged care facilities in Tasmania and elsewhere in Australia. Here, we summarise the activities of each day.
  • Royal Commission into Aged Care Quality & Safety: Second week of Adelaide hearings

    The second week of public hearings scheduled from Monday 18 February to Friday 22 February examined the key features of the aged care quality, safety and complaints system as it operated prior to 1 January 2019. Here, we summarise the activities of each day.

  • Royal Commission into Aged Care Quality and Safety: Sydney Hearing Week 2

    Last week, the Royal Commission into Aged Care Quality and Safety held its second Sydney hearing week. Its focus was on the quality and safety of residential aged care, with a particular emphasis on care for people with dementia.

    Here, we summarise the activities of each day.

  • FSRC Final Report: Impacts on Vertical Integration
    The absence of a specific recommendation mandating change does not reflect the full story for industry.
  • Practical tips to prepare for the Royal Commission into Aged Care Quality and Safety

    On Sunday 16 September 2018, the Prime Minster of Australia announced a Royal Commission into Aged Care Quality and Safety.

    The Terms of Reference are yet to be released, but this is a good time to start thinking about some of the very practical steps you can be taking to position yourselves for the journey ahead.

  • Royal Commission into Aged Care Quality & Safety: Cairns Hearing

    Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Cairns hearings from 15-17 July.

    Its focus was on the various aspects of care in residential, home and flexible aged care programs, rural and regional services delivery of aged care and the quality of life for people receiving aged care. Here, we summarise the activities of each day.

  • Royal Commission into Aged Care Quality and Safety: Melbourne Hearing

    Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Melbourne hearing from 9-11 and 13 September.

    It inquired into younger people in residential aged care, with a focus on impact, drivers and appropriateness of allocation policy as well as how to best support young people wishing to leave residential aged care. Here, we summarise the activities of each day.

     

  • Disability Royal Commission: Terms of Reference released

    Following the announcement of 5 April 2019 by the Prime Minster, Scott Morrison, of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, the Terms of Reference and Commissioners have now been announced.

  • Royal Commission into Aged Care Quality & Safety: Mildura hearing
    This week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Mildura hearings from 29-31 July. Its focus was on the needs of family, informal and unpaid carers for older Australians, including support services for carers and respite care. Here, we summarise the activities of each day.
  • Royal Commission into Aged Care Quality & Safety: Perth Hearing

    Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Perth hearing from 24-28 June.

    Its focus was on person-centred aged care, specifically how aged care services can be delivered in a manner that values identity, experience and autonomy of the person accessing care. Here, we summarise the activities of each day.

  • Royal Commission into Aged Care Quality & Safety: Melbourne Hearing 3

    Last week, the Royal Commission into Aged Care Quality and Safety (Royal Commission) held its Melbourne Hearing 3 from 14-18 October 2019.

    It inquired into the aged care workforce, with a focus on how to enhance capacity and how to make the aged care sector a more attractive and rewarding place to work. Here, we summarise the activities of each day.

  • Royal Commission into Aged Care Quality and Safety: Sydney Hearing Update

    The Royal Commission into Aged Care Quality and Safety held its Sydney hearing this week. Its focus was on residential aged care, with a particular emphasis on care for people with dementia.

    Here, we summarise the activities of each day. The hearing will continue in Sydney next week on the 13-17 May.

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