James Smart

Partner and Sector Leader - State Government VIC

About James

James leads the Victorian State Government team at Maddocks and has more than 25 years of experience providing a broad range of contract, commercial and administrative law advice to government departments and statutory authorities. He has drafted and negotiated a large number of significant contracts for the provision of goods and services to the Victorian State Government including for IT services. He regularly provides practical and strategic advice about managing contractual performance and the resolution of contractual disputes. He also advises his clients on compliance with legislation.

James has advised the State Government on the establishment of a number of new government bodies including the Taxi Services Commission, Visit Victoria, LaunchVic, V/Line Corporation (transfer from a private company) and the Portable Long Service Benefits Authority.James co-authored the Chambers Government publication titled ‘Outsourcing 2019’. In 2019 he also co-authored a publication on government procurement for LexisNexis.

Experience

  • Victoria Police

    Advising Victoria Police on the multi-million dollar extension of its contract for the provision of helicopter services. This included drafting and negotiating variations to the transaction documents in circumstances with limited bargaining power, time pressures and under significant scrutiny from government to ensure that Victoria Police can carry out its functions at all times.

  • Department of Premier and Cabinet

    Advising the Department of Premier and Cabinet on the establishment of the Portable Long Service Benefits Authority including advising on governance, compliance and regulatory issues.

  • V/Line

    Acting for V/Line to transfer all assets and liabilities of V/Line Pty Ltd to V/Line Corporation in accordance with the Transport Integration Act. The matter involved the review of hundreds of contracts, identification and analysis of a large number of regulatory instruments, advice about how to progress the transition to appropriately protect both V/Line entities and providing necessary briefings to the V/Line executive and board.

  • Ambulance Victoria

    Assisting Ambulance Victoria to outsource the provision of non-emergency patient transport services to seven providers across Victoria. This included advising AV on the procurement process, drafting the RFT version of the contract and negotiating the contract with the providers. James is also assisting Ambulance Victoria with the State-wide contract for the provision of Nurse on Call services.

  • Energy Safe Victoria

    Assisting Energy Safe Victoria with a prosecution against Powercor for breaches of electric line vegetation clearances and for causing 3 fires. This was the first prosecution launched by ESV under the Electricity Safety Act. The Magistrates’ Court imposed significant fines on Powercor and the prosecution has led to Powercor significantly improving its inspections and bushfire management practices. James is currently assisting ESV on 2 further prosecutions that occurred in 2018 involving arcing conductors and a snapped power pole.

Online Access