Profile: Academic Qualifications:

1984:

Bachelor of Commerce – University of Melbourne
(graduated July 1989)

1988:

Bachelor of Laws – University of Melbourne
(graduated July 1989)


Professional qualifications

July 1990

Practising Certificate – Supreme Court of Victoria

August 1990

Practising Certificate – High Court of Australia



Employment experience

1989 – 2002

Minter Ellison
1989 – Articled Clerk
1990 – Solicitor
1994 – Senior Associate
1999 – Special Counsel



May 2002

Signed Bar Roll – Victorian Bar


Appointments


2003 to present
Chairperson of the Salary and Conditions Board of the Catholic Education Commission of Victoria


2004, 2009
Senior Fellow – Faculty of Law - University of Melbourne


2005 to present
Editor, Practice and Procedure Section, Australian Journal of Labour Law



Publications

Co-author, Sappideen, O'Grady and Warburton "Macken’s Law of Employment", 6th ed, Thomson Reuters, 2009.


Co-author, Macken, O'Grady, Sappideen and Warburton "The Law of Employment", 5th ed, Law Book Co., 2002.


Co-author, Macken, O'Grady and Sappideen "The Law of Employment", 4th ed, Law Book Co., 1997.

Practice at the Victorian Bar

Since joining the Victorian Bar in May 2002, Paul has practiced in the areas of Employment and Industrial Relations Law, Discrimination and Equal Opportunity Law, Administrative Law and Occupational Health and Safety Law.


This practice has seen Paul appear predominantly in the federal jurisdiction in the Federal Court of Australia, the Federal Magistrates’ Court of Australia and the Australian Industrial Relations Commission. Paul has also appeared in the Supreme Court of Victoria, the County Court of Victoria and the Magistrates’ Court of Victoria and various administrative tribunals.


Some of the recent more noteworthy cases that Paul has been involved in are set out below (the party that Paul has represented is indicated in bold and an asterisk indicates those cases where he has appeared with senior counsel):


Allman v TeleTech International Pty Ltd [2008] FCA 1820 (2 December 2008, Marshall J) (representing the former Employment Advocate and a group of 55 individuals in the first consideration by a court of the question of whether suitable alternative employment had been secured so as to excuse their employer from the obligation to pay severance pay)


Cruse v Multiplex Limited (2008) 172 FCR 279* (representing the Australian Building and Construction Commissioner (“ABCC”) obtaining orders on appeal in relation to penalty for contraventions of the Building and Construction Industry Improvement Act 2005 (C’th)).


Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 (a decision of the Full Court of the Federal Court of Australia often cited in relation to the principles applicable to the assessment of penalty in civil penalty proceedings).


Aufgang v Kozminsky Nominees Pty Ltd [2008] VSC 27 (14 February 2008, Smith J)* (successfully claiming back pay and leave entitlements upon the finding of existence of an employment relationship).


Ponzio v B&P Caelli Constructions Pty Ltd (2007) 158 FCR 543*(representing the ABCC obtaining orders on appeal in relation to penalty for contraventions of the Building and Construction Industry Improvement Act 2005 (C’th)).


Carter v Village Cinemas Australia Pty Ltd (2007) 158 IR 137* (appearing for the Minister intervening in a Full Bench appeal which defined the scope of the “operational reasons” exclusion in the unfair dismissal provisions of the Workplace Relations Act 1996 (C’th)).


Laing v Carroll (2005) 146 FCR 511* (defending the validity of a notice issued under the Workplace Relations Act 1996 (C’th) requiring the production of documents to an inspector appointed under that Act).


Connor v Grundy Television Pty Ltd [2005] VSC 466 (30 November 2005, Osborn J)* (acting for the employer in a wrongful dismissal proceeding).


National Wage Cases 2003, 2004 and 2005 and the Wages and Allowances Review 2007 (appearing on behalf of the Australian Catholic Council for Employment Relations, to make submissions, focusing on the needs of the low paid, to Full Benches of the Australian Industrial Relations Commission).


Recent Seminars and Papers

Industrial Bar Association of Victoria, “Restraints of Trade - Drafting and Interpreting Restraint Clauses” 20 August 2008.


Television Entertainment Network “Restraints of Trade in Employment Contracts” 13 March 2008.


Law Institute of Victoria, “Restraint of Trade Clauses – Are They Worth More Than The Paper They Are Written On?” 16 November 2007.


Industrial Bar Association of Victoria, “Trust and Confidence – At the Crossroads” 8 October 2007.


Law Institute of Victoria, Understanding Work Choices – Seminar Series, “Workplace Agreements and Industrial Action”, 11 May 2006.


Leo Cussen Institute, Employment Law Series 1999, 2001, 2002, 2003, 2004, 2005.


Carter Roth, Employment and Industrial Relations Law Conference, “Restraints of Trade – Post-Employment Issues” 14 July 2005.

"Liabilty limited by a scheme approved under Professional Standards Legislation"