Evan James

Prior to being called to the Bar, he specialised in Criminal Law, Mental Health Law and Sports Law matters, appearing in the Local, District and Supreme Courts, and since being called to the Bar, Evan has expanded his practice areas and has appeared in Royal Commissions and other such Commissions of inquiry, including the Northern Territory Inquiry into Stella Maris, as well as the NSW Crime Commission, the Australian Crime Commission and ICAC.

He also appears in such tribunals as the Racing Appeals Tribunal, Administrative Decisions Tribunal (now NCAT) and regularly appears at the Mental Health Review Tribunal.

He was lead Counsel in the matters of Noone v Genea Limited [2020] NSWSC 1860 and Noone v Genea [2020] NSWSC 118 – the most recent decision regarding extraction of reproductive tissue and its use in NSW as well as Chapman v South Eastern Sydney Local Health District [2018] NSWSC 1231 the leading authority on extraction of bodily tissue after death and property rights being conferred on body tissue, as well as Gonzales v State Coroner of New South Wales [2018] NSWSC 153,  Gonzales v State Coroner of New South Wales and Anor (No. 2) [2018] NSWSC 1093 and Gonzales v State Coroner of New South Wales and Anor (No. 3) [2018] NSWSC 1162.

He appeared as junior counsel in the High Court Appeal of Tajour, Hawthorne and Forster [2014] HCA 35, as well as the successful Special Leave Application in the matter of MA v The Queen [2016] HCATrans 277.

As well as writing the current edition of the Practioner’s Guide to the Bail Act he has appeared in many bail applications at the Local, District and Supreme Court level including the bail decision of R v Mahaffy [2016] NSWSC 1085 where the Supreme Court clarified the current Bail Act in regards to civil proceedings for contempt in the face of the court to confirm the court did hold the power to grant bail, pending an appeal, for matters before the court of appeal of a non-criminal nature,

He has appeared as junior counsel in numerous Court of Criminal Appeal matters including the matters of West, Trent v R [2017] NSWCCA 271 where the Court confirmed the “end of the Clarke Principle”, as well as the decisions of R v Farrell [2014] NSWCCA 30 and R v Farrell [2015] NSWCCA 68 where the Court considered the appropriateness of a s11 “Griffiths remand” and the imposition of an Intensive corrections order for offences of possess firearm (an Uzi submachine gun, noted by the Court of Criminal Appeal as being in the worst category for pistols, His Honour Rothman went so far as to say “it is very difficult to imagine a more dangerous pistol”).

He has also appeared in numerous high profile parole, bail and sentencing matters such as the successful parole application of Ahmed Elomar (“https://www.abc.net.au/news/2016-08-04/ahmed-elomar-brother-of-jihadist-to-be-released-on-parole/7688816”), DPP v Thomson (County Court of Victoria, Douglas J, 15 December 2014), DPP v Thomson (County Court of Victoria, Douglas J, 17 December 2014), DPP v Helen Rosamond (“https://www.dailytelegraph.com.au/news/nsw/woman-arrested-over-alleged-role-in-40m-fraud/news-story/b4f73118e202c7be6803989890340f35”), and the decisions in the matter of Tozer (State of NSW v Tozer [2017] NSWSC 109).

Evan regularly appears in both NSW and Victoria and has appeared in Western Australia, Queensland and South Australia (notably as a junior counsel in the appeal matter of Bromley [2018] SASCFC 41) and is available to appear in any jurisdiction in Australia.

Evan is a member of the NSW Legal Aid Complex Criminal and Appellate Panels. He is also a member of the NSW Water Polo Disciplinary Tribunal as well as the Australian Water Polo Disciplinary Tribunal, the Disciplinary Tribunal for Touch Football Australia and Basketball Australia and is a former member of Manly Surf Lifesaving club where he competed in the Beach Sprint and Beach Flags events at State and National Levels and is a current member of Blackhead Lifesaving club.