Evan James

Admitted: NSW, High Court of Australia
Signed Bar Roll: 2014
Chambers: 11 Garfield Barwick, Sydney
Phone: 9225 7444
Fax: 9225 8686
E-mail: evan.james@chambers.net.au
Profile Details:

Evan came to the NSW Bar in 2014, and specialises in Criminal Law, Mental Health law and the associated Tribunals, and Sports Law as well as civil law matters, and Tribunals.

Evan commenced as a solicitor in May 2010 with a large Sydney Criminal law firm after previously working with the firm as a Law Clerk for a number of years.

Prior to being called to the Bar, he specialised in Criminal Law, Mental Health Law and Sports Law matters, appearing in the NSW 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 NSW 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 Hosseini v Genea Limited [2021] NSWSC 1568, Noone v Genea Limited [2020] NSWSC 1860 and Noone v Genea [2020] NSWSC 118 – the most recent decisions 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), 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 as well as other unreported decisions, both urgent ex parte applications as well as more substantive applications, in regards to that subject.

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” (NSW) he has appeared in many bail applications at the NSW Local, District and Supreme Court level including the bail decision of R v Mahaffy [2016] NSWSC 1085 where the NSW Supreme Court clarified the current NSW Bail Act in regards to civil proceedings for contempt in the face of the court to confirm the court did indeed hold the power to grant bail, pending an appeal, for matters before the court of appeal of a non-criminal nature. He has also appeared in other jurisdictions such as Queensland and Victoria in bail applications.

He has appeared as junior counsel in numerous NSW 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”), as well as most recently in the matter of Care v R [2022] NSWCCA 101.

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 Craig Thomson (County Court of Victoria, Douglas J, 15 December 2014), DPP v Craig 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”), the decisions in the matter of Tozer (State of NSW v Tozer [2017] NSWSC 109), as well as appearing for various members of the Hamze “crime family” and for various members of the well-known rugby league Hopoate family.

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 also former member of Manly Surf Lifesaving club where he competed in the Beach Sprint and Beach Flags events at State and National Levels, a current member of Blackhead Lifesaving club, and an accredited Crossfit and Spartan race coach (including being one of the few Australia coaches to hold special qualifications in regards to the coaching of adaptive (disabled) athletes).

Other Points of Interest:
Current member of the NSW Water Polo Disciplinary
Current member of Australian Water Polo Disciplinary Tribunal,
Current member of the Disciplinary Tribunal for Touch Football Australia; and
Current member of the Disciplinary Tribunal for Basketball Australia