James Rigney

Full Profile

James has extensive experience in high-stakes disputes, including defending Queensland’s first cladding-related claim involving a commercial building, securing a multi-million dollar judgment in an infrastructure dispute over acoustic defects in the Epping to Chatswood Rail Link and successfully defending a professional indemnity declinature in a rare financial lines dispute.  

His experience spans diverse industries, including winning trials defending a global agricultural company in a crop damage case and in investment-related proceedings for a mortgage broking firm. He has also advised on regulatory investigations, acting for over 15 aged care providers before the Royal Commission and defending a client in a data breach inquiry led by the Office of the Information Commissioner.   

James is frequently quoted in leading legal and insurance publications on emerging trends in professional indemnity, construction liability, and dispute resolution. 

He is admitted to practice in the United Kingdom and Australia, and has litigated claims in numerous jurisdictions in Australia, the UK and Europe. 

James is consistently recognised for his work in the industry, most recently he has also been recognised in the “Best Lawyers in Australia” rankings for his expertise Insurance Law. 

Experience

Professional indemnity 

• Construction professionals – Acting in defence of various professionals (engineers, architects, building surveyors) regarding claims involving aluminium composite panelling (ACP) and other combustible building materials. 

• Engineer – Acting in defence of engineering firm regarding design of bridge abutments in large NSW infrastructure project. 

• Agricultural – Successfully defended a global agricultural company in proceedings brought arising from damage caused during crop spraying – Baldrudgery Nominees Pty Limited v Landmark Operations Limited [2019] NSWDC 565. 

• Financial professional – Successfully defended a mortgage broking company in proceedings arising from property investment in regional Queensland – Snowden v Australian Mortgage Assist Pty Ltd [2019] NSWSC 1799. 

• Accounting –  Acting in defence of a $10 million claim by 30 Plaintiffs against an accountant arising out of investment advice provided. 

Insurance coverage 

• Arbitration – Advising Underwriters of an engineering company in relation to an arbitrated claim regarding the design and installation of an airport runway at Príncipe Island, off the west coast of Africa. 

• Retained as coverage counsel in relation to a claim concerning the design and construction of the APLNG pipeline project in Queensland which comprised 13 gas pipelines and 25 associated above ground facilities. 

Technology 

• Acting on behalf of an Australian technology company in Supreme Court and Court of Appeal Proceedings in relation to a dispute regarding satellite internet products and the reselling of bandwidth. 

Infrastructure 

• Acted in successful legal proceedings on behalf of an infrastructure company in a claim regarding acoustic engineering defects on a large infrastructure project in a claim worth more than $30 million. UGL Rail Pty Ltd v Wilkinson Murray Pty Ltd [2014] NSWSC 1959. 

Royal Commission 

• Acted on behalf of more than 15 aged care service providers in preparing responses to the Australian Government as part of the Aged Care Royal Commission, and appearing on behalf of multiple clients during the Aged Care Royal Commission hearings. 

Regulatory experience 

• Acting for a client in response to an investigation by the national privacy regulator arising from data breach incidents. 

Cyber 

• Recovery actions – Acting for various clients and their insurers in recovery action against third parties for liabilities arising from data breaches, and ransomware incidents. 

Arbitration 

• Acting in arbitration proceedings on behalf of a structural engineer arising from the design of a public building in Western Australia. 

Commercial disputes 

• Acting for various clients in contractual disputes, ranging from debt recovery to enforcement of contractual agreements.