James Neal

Admitted to the Bar 2001

Area of Practice

Cases & Articles

James has practised extensively in the field of professional indemnity disputes involving construction industry professionals, and insurance issues relating thereto, for over 30 years, since his time as a solicitor at Minter Ellison in the 1990’s.

In these specialities, he arguably has the largest and most significant practice at the NSW Bar.

From early in his career at the Bar, he has regularly acted as lead counsel or unled in claims involving large sums of money.

By way of example, he was lead counsel or unled:

For the structural engineer in the Opal Tower dispute in the NSW Supreme Court[1], and in the Federal Court proceedings concerning insurance issues, in which the structural engineer was successful in the Full Federal Court[2];

For the fire engineer in the Federal Court class action concerning ‘Alucobond’ Aluminium Composite Panels (ACPs);

For the fire engineer in a dispute concerning ACPs at the Charles Perkins Centre at the University of Sydney;

For one of the architects involved in the design and construction of the Olympic Swimming Pool at Homebush in a long-running NSW Supreme Court reference;

For the structural engineer in the Mascot Towers dispute;

For the mechanical services engineer in a dispute concerning the New Royal Adelaide Hospital;

For the architect involved in additions to the Museum of Contemporary Art.

He also acted for an engineering design joint venture in NSW Supreme Court proceedings relating to the North West Rail Project.

He is currently acting, as lead counsel or unled, in the following significant disputes, involving large sums of money:

For the geotechnical engineer in the Gateway Bridge Upgrade dispute in the Supreme Court of Queensland;

For the designer in the dispute concerning the upgrade to the North Sydney pool;

For a sub-contractor in a claim by the Australian National University in the ACT Supreme Court arising out of flooding in 2018;

For one of the professional consultants in a claim in relation to the One Circular Quay project;

For one of the engineering consultants in three sets of proceedings concerning the development at One Central Park Chippendale;

For a facade contractor in an ACP claim concerning three high-rise buildings in Chatswood;

He is also currently acting for certain liability insurers in the Vitrabond Class action in the Federal Court.

As noted, James has significant experience in claims concerning ACPs, acting for owners, design and construct contractors, architects, fire engineers, facade engineers and facade contractors.

James also has significant experience in insurance, particularly professional indemnity insurance. He appeared in a significant insurance case dealing with the concept of ‘recoupment’[3] He also acted for an insurer on a claim for recoupment against the insurer of Airbnb in the NSW Supreme Court.

He recently appeared for the public liability insurer which successfully denied indemnity (on a number of grounds, including fraud) to a solicitor in relation to an accident at his farm[4]. He has experience in coverage cases concerning policy construction[5], non-disclosure, and fraud.

James also acts in professional negligence cases involving other professionals, including, for example, accountants, financial advisers[6], insurance brokers, solicitors[7], managing agents and medical professionals.

He acts in representative proceedings and appeared for the dam operator in the representative proceedings arising out of the 2011 floods in South-East Queensland[8].

James also has significant experience in general construction litigation[9], commercial law[10], and in common law cases involving property damage or pure economic loss, including fire cases[11].

He has acted for companies based overseas, including a Supreme Court case for a French manufacturer of artificial ligaments, and has appeared at coronial inquests.

James has also argued a number of cases, unled, in appellate courts.

He was included in the 2021, 2022, 2023 and 2024 Editions of Best Lawyers in Australia. He is also listed in Doyles Guide.

[1] See e.g. Williamson v Sydney Olympic Authority [2021] NSWSC 1548.

[2] See Chubb Insurance Australia Limited v WSP Structures Pty Ltd v [2024] FCAFC 123; special leave refused [2025] HCA

[3] See Limit (No 3) Ltd v ACE insurance Ltd [2009] NSWSC 514

[4] Lynch v Bredbo Pty Ltd [2025] NSWDC 54

[5] See e.g. The Owners – Strata Plan No 68372 v Allianz Australia Ltd [2014] NSWSC 1807

[6] See e.g. Beslic v MLC Ltd (No 2) [2016] NSWSC 746

[7] See e.g. Peter Tomson v Frank John Boitano [2011] NSWSC 527

[8] See e.g. Queensland Bulk Water Supply Authority t/as Seqwater v Rodriguez & Sons Pty Ltd [2021] NSWCA 206

[9] See e.g. Building Insurers’ Guarantee Corporation v The Owners – Strata Plan No 57504 [2010] NSWCA 23

[10] See e.g. Atlas Financial International Ltd v Nortbale Pty Ltd [2011] NSWSC 815; Fallon Street Properties Pty Ltd v Steel & Stuff Pty Ltd [2006] NSWCA 296