James Thomson

Managing Partner

About James

James Thomson is one of the most qualified lawyers in NSW having studied at Harvard Law School, University of Sydney, University of New South Wales and The College Of Law.

James is widely recognised as a leading lawyer in New South Wales with over 19 years’ experience working in local law firms in Newcastle, top tier law firms in Sydney, and international law firms in London.  Having recently completed Harvard Law School’s Program on Negotiation in Boston, USA, James implements his cutting edge negotiation skills for the benefit of his clients.

Widely respected within the profession, James is a tenacious negotiator who provides his clients with the highest quality legal advice and outstanding client service.

James has worked exceptionally hard to earn an unrivalled reputation for outstanding legal results.  His dedication and commitment to providing incomparable service have achieved ongoing success for his clients.

With a high percentage of referral business, James’s long list of repeat clients endorse his talent for providing clients with exceptional legal advice that is commercial, practical and effective.

Areas of Practice

  • Residential and commercial property conveyancing, contract reviews and contract preparation, sale and purchase transactions, property transfers, first home buyers, off the plan sales and purchases, property development and torrens title land subdivisions, residential strata subdivisions, stamp duty advice, self managed super fund purchases using bare trusts, retirement village contracts and leases
  • Residential and commercial lending and security including drafting and advising on finance and loan documents,  general security and guarantee documents, mortgages, caveats, loan agreements, vendor finance agreements and independent legal advice on personal guarantee documents for guarantors
  • Commercial and industrial leases, retail leases and lessee and lessor disclosure statements, leasing advice including drafting leases, reviewing and negotiating leases and acting for landlords and tenants, arranging transfer of leases and drafting deeds of assignment of lease, arranging surrender of leases and drafting deeds of surrender of lease, advising on build to lease transactions and drafting agreements for lease, licence agreements and subleases
  • Estate planning including wills, enduring powers of attorney, appointments of enduring guardians, testamentary discretionary trusts, all needs protective trusts, blended family wills, life estates and right of residence/ life interest trusts, complex estate planning matters, taxation issues, advice regarding superannuation and binding death benefit nominations, integration of existing trust structures within estate planning, company powers of attorney
  • Business succession planning for family groups, high net worth individuals and privately held businesses including strategies for protection of family wealth through loan and security documentation for family and related entity loans, reviewing trust, SMSF and corporate documentation and advising on strategies and documentation for succession of control
  • Deceased estate administration including applications for grants of probate and letters of administration, resealing of probate grants in other jurisdictions, acting for executors in all aspects of estate administration including notices of death and transmission applications, realisation of estate assets and arranging distribution of estates to beneficiaries
  • Deceased estate disputes and estate litigation, including contested estate claims, contested wills due to lack of testamentary capacity, duress, fraud or undue influence, estate administration claims, advice regarding informal wills
  • Family provision claims under the Succession Act, acting for both plaintiffs in family provision claims and executors defending the estate
  • Commercial dispute resolution including commercial contract disputes, leasing disputes, partnership and shareholder disputes
  • Commercial contracts drafting, negotiation, review and advice
  • Business sale and purchase contracts and advice regarding business acquisitions and employment law issues, asset sale agreements, contracts for sale of shares / share sale agreements, contracts for sale of units  /  unit   sale agreements, deeds of restraint of trade, confidentiality agreements
  • Business law advice including drafting and advising on unitholder agreements, shareholder agreements, joint venture agreements, partnership agreements, buy/sell agreements
  • Asset protection and business structures advice including establishment of unit trusts, discretionary trusts and companies for business structuring purposes, advice regarding structuring, deeds of amendment of trust, transfers of business real property assets to self managed superannuation funds

Qualifications

  • Program on Negotiation, Harvard Law School
  • Master of Laws, The University of Sydney
  • Bachelor of Laws, The University of New South Wales
  • Bachelor of Commerce (Accounting), The University of New South Wales
  • National Mediation Accreditation Training, The Resolution Institute
  • Graduate Diploma of Legal Practice, The College of Law NSW

Admissions

  • Supreme Court of New South Wales
  • High Court of Australia

Memberships

  • Law Society of New South Wales
  • Newcastle Law Society
  • Australian Institute of Company Directors
  • Society of Trust & Estate Practitioners
  • Australasian Legal Practice Management Association

You Deserve Only The Best Newcastle Lawyers & Conveyancers

Call (02) 4929 5602 or complete the form below to arrange a consultation with James Thomson at Burgess Thomson.

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