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Experience

Paul is a barrister admitted to the Victorian and New York bars, who practices full-time as independent counsel at the Victorian Bar. A leading senior junior, he maintains a busy trial, appeals and judicial review practice primarily in the areas of personal injuries, insurance, and sports law.

Recognised by Doyles Guide as a leading Insurance & Personal Injury Law barrister in Victoria in 2022, 2023 and 2024, Paul regularly appears in Workcover, TAC and public liability jury trials, "Serious Injury" applications, s138 recoveries, sporting injury cases, and related appeals. He is one of the "go to" barristers for Medical Panel judicial reviews, having successfully argued many defining cases.

Paul has extensive experience in sports law, having regularly appeared in, and sat on, various sports tribunals over the years. He was a member of the Australian Olympic Committee nomination and selection appeals panel for the Tokyo 2021 Olympics. In March 2020, he was appointed by the Minister for Sport as an inaugural member (part-time) to the National Sports Tribunal, and has been reappointed for a further 5-year term to 18 June 2028.

In addition to practice, Paul has worked extensively as an adjunct lecturer including at the Melbourne, Monash University, and the National University of Singapore law schools where he has taught courses in torts and sports law.

Paul is also the host of his own podcast series "Res Ipsa Loquitur", which delivers caselaw summaries of important and recent cases in the areas of torts, insurance and personal injuries decided in Australia and beyond. To subscribe and listen on Apple, Google, Spotify or iHeart, click the link here: https://omny.fm/shows/res-ipsa-loquitur

Background

Paul graduated with Commerce and Law (Honours) degrees from Monash University. He achieved high distinctions in several units including Torts, and completed a semester abroad in KL, Malaysia. He completed articles with a leading plaintiff firm, before working for a national insurance firm, defending common law actions, s138 recoveries, public liability claims, and superannuation TPD disputes. While practising, he completed a Master of Laws at the University of Melbourne. In 2013, he sat and passed the New York bar exam, and was admitted there in 2014. He then worked in the Workcover department of a Melbourne-based mid-size firm before being called to the Victorian Bar.

Cases

Some noteworthy cases in which Paul has appeared include the following:

Victorian Court of Appeal:

• VWA v Putrus [2023] VSCA 28 (medical panel, fundamental issue, leading Viney, contra Harris KC and Norton);
• Citywide v Rosata; Kabbout v Crown & Ikon [2023] VSCA 281 (Wrongs Act, Part VBA, statutory construction, leading Viney, contra F Ryan SC and A Hill);
• Grujovska v Brand [2023] VSCA 59 (medical panel, reasons, leading Tate, contra Fleming KC and Spencer);
• Taylor v TAC [2022] VSCA 269 (TAC serious injury, causation, led by Ingram KC, contra Ruskin KC and Kumar);
• Forssell v CIP Constructions [2020] VSCA 304 (serious injury, led by Gorton KC, contra O'Meara KC and Hooper);
• Ko v Hall [2020] VSCA 224 (medical panel, time limits, led by Gorton KC)

Supreme Court of Victoria:

• Maringido v Blurlato [2024] VSC 766 (medical panel, inadequate reasons, whether Uber Driving/self-employment can constitute "employment" under Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), leading A Macaskill, contra Spencer SC and P Santamaria);
• Francis Plumbing & Gasfitting Pty Ltd v Davine & Ors [2024] VSC 538 (medical panel, procedural fairness, leading Y Al-Azzawi, contra M Norton SC and C Viney);
• Melbourne Health v Maran [2024] VSC 514 (medical panel, error of law, inadequate reasons, leading A Macaskill, contra R Kumar and S Gold);
• Monash Health v Carina [2024] VSC 486 (medical panel, impairment assessment, disregarding unrelated / secondary impairment under s28LJ, Wrongs Act 1958, leading Santamaria, contra Hooper SC and Hayley Daniel);
• Hamilton v West Gippsland Healthcare [2024] VSC 315 (medical panel, impairment assessment for tinnitus under AMA Guides, leading Angus Macaskill, contra Hooper SC);
• Saxena v Piacqquadio (2023, Supreme Court, TAC damages jury trial, appeared for Plaintiff leading House, contra Blanden KC and A Wood, successful verdict including statutory maximum for pain and suffering damages);
• Boroondara City Council v Howell & Ors [2023] VSC 406 (medical panel, impairment assessment, unrelated impairment, leading Macaskill, contra Kaye KC and Staindl);
• Addison-Radford v State of Victoria [2023] VSC 457 (medical panel, psychiatric assessment, leading Viney, contra Fleming KC and Kumar);
• Noureddine v Adlard [2022] VSC 719 (medical panel, procedural fairness, leading Macaskill, contra Fleming KC and Spencer);
• Walsh v Bourke & Ors [2022] VSC 282 (medical panel, AMA assessments, leading Santamaria, contra Fleming KC and Spencer);
• Kaur v VWA [2022] VSC 113 (medical panel, factual error, leading Tate, contra Ryan SC and Gold);
• Greater Shepparton City Council v Kotzman [2022] VSC 551 (medical panel, AMA Guides, unled);
• Dungan v VWA & Ors (2022, workcover damages / s138 recovery, unled for Second Defendant, resolved);
• La'Brooy v Jensen & Ors [2021] VSC 89 (medical panel, unrelated impairments, unled)
• Voss v Downes-Brydon [2020] VSC 815 (medical panel, relevant considerations, unled, contra Gorton KC and Spencer)
• Jones v Fish & Ors [2020] VSC 542 (medical panel, apprehended bias, unled, contra Fleming KC and Gold)
• Schmael v Leach [2020] VSC 562 (medical panel, duty to inquire, led by D Williams KC)
• Khan v The Age [2019] VSC 839 (default under self-executing discovery order, application to set aside judgment)
• St Luke's Anglicare v Handrinos & Ors [2018] VSC 356 (medical panel, unrelated impairments, led by J Forbes KC)
• Jankulovska v Hayman [2017] VSC 752 (medical panel, procedural fairness, led by Forbes KC)

County Court of Victoria:

• Davies v Merritt (2024, TAC damages jury trial, appeared for plaintiff leading A Johnstone, contra P Jens KC and S Pinkstone, injured motorcyclist, bus driver failure to give way, successful verdict including statutory maximum for pain and suffering damages);
• Zacest & Anor ats Fontana (2023, residential home owners liability, alleged breach of tenancy agreement, appeared in jury trial for second defendant, successful defence);
• Davis v TAC [2023] VCC 1180 (serious injury, leading House, contra Harrison KC and J Clark)
• Mayath v TAC [2023] VCC 335 (serious injury, leading Howe);
• Nonmathinathan Ganesan v VWA (2023, serious injury, leading L Howe, certificates granted before judgment);
• Karakoc v TAC (2023, serious injury, leading A Tate, certificate granted before judgment);
• Talevski v Mighty Moonee Ponds Pty Ltd [2023] VCC 112 (Wrongs Act, successful application for declaration of deemed significant injury, failure by respondent to refer to medical panel within 60 days);
• Luro v City of Monash (2022, workcover damages jury trial, leading Willshire, contra Middleton KC and Spencer, settled before judgment);
• McGrath v Estar Lighting [2022] VCC 2247 (Wrongs Act, successful application for declaration of deemed significant injury, validity of Certificate of Assessment without description of injuries);
• Guthrie v VWA [2022] VCC 1711 (serious injury);
• Marchouba v VWA [2022] VCC 313 (serious injury, led by McDonald KC);
• Gainger v Victoria Hot Springs [2021] VCC 1400 (serious injury, leading Tate);
• Correa v He [2021] VCC 679 (occupiers liability, leading Burke, then Haddad);
• Mitri v TAC [2021] VCC 1604 (TAC, serious injury);
• Boyd v Moorabool Shire Council & Telstra / VWA v Moorabool Shire Council (2021, workers damages / s138 recovery, unled for VWA, settled before judgment - includes ruling on expert evidence [2021] VCC 1465))
• Rincovitch v Reject Shop & Anor (2020, workcover damages trial, leading Bannon, contra Jens KC, Myers KC and Worth, settled before judgment);
• Zaa Thang v VWA [2020] VCC 617 (serious injury);
• Van Praag v VWA [2020] VCC 1052 (serious injury, led by Blanden KC);
• VWA v Nick Scali (2020, s138 recovery, unled, contra Murdoch KC and Martin, resolved);
• Singh v Polar Fresh Cold Chain Services [2019] VCC 1242 (serious injury, led by Purcell SC);
• Axiak v VWA [2019] VCC 833 (workcover, serious injury, led by Gorton KC);
• Ceri v Secure Parking Management [2019] VCC 640 (medical panel opinion in multi-party proceedings);
• Noori v VWA [2018] VCC 321 (serious injury, led by Forbes KC, dismissal overruled on appeal - [2018] VSCA 323);
• Penn v Allied Express Couriers [2017] VCC 1956 (serious injury, led by Ingram KC);
• McLarty v Healthscope Operations [2017] VCC 501 (serious injury, led by Forbes KC);
• Tezeli v VWA [2017] VCC 1068 (serious injury, led by Forbes KC);
• Sehic v Toyota Motor Corporation [2016] VCC 40 (medical panel, opposition to referral);
• Rukic v The Valley Private Hospital [2016] VCC 1483 (serious injury, extension of time, led by Ingram KC);
• Riska v Cabrini Health (2015, workcover damages jury trial, led by Alstergren KC).

Active matters

Some ongoing matters in which Paul is currently briefed include the following:

• Dunn v VWA (medical panel, judicial review, significant contributing factor, factual error as to period of employment and UV/sun exposure as garbage collector, leading A Macaskill)
• Addison-Radford v State of Victoria and Head, Transport Victoria (damages claim for psychiatric injuries arising from employment as police officer and exposure to traumatic work-related events, leading C Viney).

University Appointments

• Visiting Associate Professor / Senior Fellow, National University of Singapore (2018, 2019, 2021 and 2022) (teaching "Sports Law & Arbitration")
• Senior Fellow, University of Melbourne (2016-2021) (co-teaching Sports Marketing and Media Law)
• Senior Fellow, Monash University (2014-2021) (Torts and Current Issues in Sports Law).

Publications

• Medical Panels in Victorian Personal Injury Law, Law Institute Journal, January/February 2019
• "Ambush Marketing" in Sports under Singapore Law, Singapore Law Gazette, July 2017, Pages 22-27
• “When Ambush Marketers smile at me, I go to Rio”: Protected uses of Olympic Insignia, Victorian Bar CommBar Matters newsletter, 24 August 2016 (co-authored with E Nikou)
• Validity of International Sports Arbitration Awards rendered by the Court of Arbitration for Sport, Victorian Bar CommBar Matters newsletter, 28 May 2015
• FIFA Transfer Rules and Unilateral Termination without “Just Cause”, 2 Berkeley Journal of Entertainment and Sports Law (2013)
• The World Anti-Doping Code, The Athlete’s Duty of ‘Utmost Caution’ and the Elimination of Cheating, (2012) 23 Marquette Sports Law Review 45
• Athlete Privacy Rights and Endorsement Contracts, (2012) 11 Virginia Sports and Entertainment Law Journal 460
• The AFL, Joint Venture Defence and Single Economic Entity Theory (2012) 20 Australian Journal of Competition and Consumer Law 149
• The Right of Publicity in New York and California: A Critical Analysis (2012) 19 Villanova Sports and Entertainment Law Journal 481
• Disrepute the catch in case against Essendon, The Australian 23 August 2013
• Sports Lawyer Paul Czarnota outlines how the AFL can prove charges against Essendon, Herald Sun, 20 August 2013
• NSW Court of Appeal keeps a tight Rein over part time work (co-authored with G Davies)
• Finch prevails over Telstra Super in the High Court’ (co-authored with G Davies).

Presentations

• "Judicial Review of Medical Panels", delivered with C Viney at the ALA Victorian Conference 2023, 6 May 2023;
• Anti-Doping and Sports Law, NUS CJC Forensics / SUSS Law Society collaboration, 15 December 2022;
• National Sports Tribunal Member Information Session, delivered to tribunal members and sports body representatives, May 2022;
• Judicial Review of Medical Panels, CPD seminar delivered to law firms, 2021;
• Chronic Pain claims, CPD seminar delivered to law firms, August 2020
• Damages proceedings for breaches of OHS Regulations, CPD seminar delivered to law firms, November 2019
• "Arising out of, or in the course of employment: The changing judicial landscape after Comcare v PVYW", CPD seminar delivered to law firms, March 2019
• "Sport Law and Ambush Marketing: Review and Law Reform", NUS EW Barker Centre for Law and Business (Singapore), 14 August 2018
• Medical Panels in Victorian Personal Injury Law, CPD session delivered to a number of law firms in 2018
• "Outer Limits of Vicarious Liability and Agency in Tort", Legalwise Seminar, 28 March 2017
• "Athlete Privacy and Publicity Rights" (co-presented with Professor Geoffrey Scott), Monash University, Centre for Commercial Law and Regulatory Studies, Visiting Professor Seminar Series, on 5 August 2015
• Ruling of the Munich Appeals Court, Germany in Claudia Pechstein v International Skating Union, ANZSLA event, 13 May 2015.

From 01 May 2015, liability limited by a scheme approved under Professional Standards legislation.