Mr Paul A Czarnota

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Paul works as a Barrister of the Victorian Bar. He is also admitted as an Attorney and Counselor-At-Law of the New York State Bar, USA, and is a registered foreign lawyer entitled to appear in the Singapore International Commercial Court.

He maintains a broad appearance and paperwork practice in various areas including common law (with a focus on torts, personal injury, insurance and contract disputes), commercial law/equity, international commercial arbitrations, sports law, and administrative law.

Experience

Since coming to the Bar, Paul has worked in the following areas:

Torts / Personal Injury / Insurance:

  • Rakich v Bounce Australia (prepared High Court special leave application with A G Uren QC for Plaintiff, settled);
  • Novak v Yarra Swim School (Supreme Court, workcover damages jury trial, led by A Ingram for Plaintiff, settled);
  • VWA v O'Briens [2017] VSC 39 (VWA S.138 recovery) and [2017] VSC 68 (Costs ruling in respect of Calderbank "withdraw bear own costs" offer) (Supreme Court, led by E W Alstergren QC for Plaintiff);
  • Riska v Cabrini Health (County Court, workcover damages jury trial, led by E W Alstergren QC for Plaintiff, successful);
  • Blunt v Svitzer Towage (County Court, workcover damages jury trial, led by M Ruddle for Plaintiff, successful);
  • McLarty v Healthscope Operations [2017] VCC 501 (Workcover Serious Injury hearing, led by J M Forbes QC, successful);
  • Rukic v Benchmark - The Valley Private Hospital [2016] VCC 1483 (Workcover Serious Injury hearing, led by A Ingram, successful);
  • Kirby v Pounder (Supreme Court, TAC damages jury trial, led by J Gorton QC for Plaintiff, settled);
  • McLennan v Clancy (Supreme Court, home owner occupier damages jury trial, led by A Magee QC for Defendants, settled);
  • TAC v Casey, United Super and Hannover Life Re (Supreme Court, garnishee application for judgment debt to be paid by TPD insurer for defendant, successful);
  • Asani v Muscat (Workcover Serious Injury hearing, led by M Britbart QC, settled);
  • Dixon v Doyles Auto Marine (Workcover Serious Injury hearing, led by S Smith, settled);
  • Sehic v Toyota Motor Corporation ([2016] VCC 40, medical panel referral application);
  • Advising and appearing for uninsured defendants in public liability damages proceedings;
  • Advising and appearing in various workcover and TAC Serious Injury hearings, damages proceedings (workcover, TAC, public liability, medical negligence, Council/Road Management Act cases, and product liability matters), and statutory benefits / compensation proceedings (weekly payments, and medical expenses disputes, s82(2A) management action cases);
  • Advising and appearing in Superannuation TPD, income protection and life insurance disputes including advising on policy interpretation;  
  • A diverse advice and paperwork practice including drawing pleadings, interrogatories, medical panel referrals, and Serious Injury affidavits and draft pleadings.

Contract law:

  • Smiley v Trading Places (Magistrates Court, appeared for Plaintiff, breach of contract, enforceability of guarantees under Instruments Act / Electronic Transactions Act, successful).

Commercial law / Equity:

  • Advising and appearing for a transferor of farming property - undue influence, unconscionable conduct, equitable interests in land, and indefeasibility of title.

International Commercial Arbitration:

  • Appeared before the American Arbitration Association (AAA) in New York, USA, in arbitration proceedings for an Australian company involving a contractual dispute where the "Seat" and "Governing Law" was New York;
  • Advising sporting clients on prospects / merits of Court of Arbitration for Sport (CAS) appeals in disciplinary proceedings.

Sports Law:

  • Demmler v Harness Racing Victoria [2017] VCAT 600 (doping/cobalt, led by E Brimer for HRV);
  • Advising and appearing for Harness Racing Victoria before the Racing and Appeals Disciplinary Board and VCAT - horse doping/cobalt and race-fixing;
  • Advised generally on sports law matters including anti-doping law, sports arbitration under the CAS Code, AFL Anti-Doping Code and the WADA Code, and match-fixing;
  • Regularly appears as tribunal member for sporting organisations;
  • Former Board Member of BMX Victoria;
  • Member, AFL Players' Association's arbitration panel.

Adminstrative Law:

  • Van Der Kruys v Secretary, Department of Social Services ([2016] AATA 282, Administrative Appeals Tribunal, Centrelink disability support pension entitlement); 
  • Waldron v Secretary, Department of Social Services (2015/M088086, Administrative Appeals Tribunal, Centrelink disability support pension entitlement).


Education

  • Master of Laws, University of Melbourne;
  • Bachelor of Laws (with Honours), Monash University;
  • Bachelor of Commerce, Monash University.


Prior Experience

Prior to being called to the Victorian Bar, Paul worked as a solicitor at Wisewould Mahony, Moray & Agnew and Nowicki Carbone in personal injury, insurance and sports law. Over the years, he has advised and acted for injured persons, insurance companies, insured and uninsured defendants, the Victorian Workcover Authority and self-insurers, local councils, and the State of Victoria.


University Appointments

  • Senior Fellow, University of Melbourne, Law Faculty (co-teaching "Sports Marketing and Media Law" with Ms Sally McCausland);
  • Senior Fellow, Monash University, Law Faculty (teaching "Current Issues in Sports Law").


Presentations

  • Presented a paper on the ruling of the Munich Appeals Court, Germany in Claudia Pechstein v International Skating Union, for the Australia New Zealand Sports Law Association on 13 May 2015;
  • Co-presented a paper on Athlete Privacy and Publicity Rights (with Professor Geoffrey Scott), for the Monash University, Centre for Commercial Law and Regulatory Studies, Visiting Professor Seminar Series, on 5 August 2015;
  • Presented a paper on the Outer Limits of Vicarious Liability and Agency in Tort, for Legalwise Seminar on Public and Occupiers' Liability on 28 March 2017.


Publications

  • “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 Elle 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: An Analysis of U.S., U.K., and Australian Law – (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 Gerry Davies);
  • Finch prevails over Telstra Super in the High Court’ (co-authored with Gerry Davies).


Awards

  • Paul was awarded a Red Silk's Bag by E W Alstergren QC for outstanding work in Riska v Cabrini Health.
Liability limited by a scheme approved under Professional Standards legislation.

Formal Details 0

  • Admitted to Practice
    12 August 2009
  • First Signing Bar Roll
    30 April 2015
  • Qualifications
    BCom, LLB(Hons) (Monash), LLM (Melbourne)