Search

Paul Czarnota

QUALIFICATIONS  Bcom/LLB (Hons)(Monash), LLM (Melb)
ADMITTED  2009    BAR  2015
CHAMBERS  ODW 321

CLERK CONTACT  03 9225 7999
PHONE  9225 7999
MOBILE  0404 549 923
EMAIL  paulczarnota@vicbar.com.au

Paul Czarnota, Bcom/LLB (Hons)(Monash), LLM (Melb)

AREAS OF PRACTICE

  • Common Law
  • Contract
  • Disciplinary Tribunals
  • Insurance
  • Medical Negligence
  • Personal Injuries
  • Professional Negligence
  • Sports Law
  • Transport Accident Act
  • Work Cover

Name *

Email *

Phone *

Preferred Date *

Comments

Search

Experience

Paul is a dual-qualified Australian barrister and New York attorney who practices full-time as independent counsel at the Victorian Bar. He maintains a busy trial and appellate practice in areas of personal injuries and insurance, as well as sports law. He accepts briefs to appear as lead counsel, sole counsel, and as junior to silk.

Paul regularly appears in Workcover, TAC and public liability jury trials, "Serious Injury" applications, s138 recoveries, sports injury cases, superannuation TPD disputes, and related appeals. He is one of the "go to" barristers for Medical Panel judicial reviews, having successfully argued many defining cases.

Paul was recognised by Doyles Guide as a Leading Insurance & Personal Injury Law Junior Counsel for Victoria in 2022.

Paul has extensive sports law experience, having regularly appeared before, and sat on, various sports tribunals in doping, match-fixing, and disciplinary disputes. He sat as a tribunal member on Australian Olympic Committee nomination and selection appeals panels for the Tokyo 2021 Olympics. He was formerly on the board of BMX Victoria. In March 2020, he was appointed by the Commonwealth Minister for Sport as an inaugural member (part-time) to the National Sports Tribunal, and has recently been reappointed for a further 5-year period to 18 June 2028.

In addition to practice, Paul is an adjunct law lecturer, having regularly lectured at the University of Melbourne, Monash University, and the National University of Singapore where he has taught courses in torts and sports law.

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:

Supreme Court of Victoria:

County Court of Victoria:

Active matters

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

  • Ikon Services Australia & Anor ats Kabbout (Court of Appeal, special case reserved by County Court, effect of medical panel decision in multi-defendant proceedings, being heard concurrently with Rosata, leading Viney, contra Ryan SC and Hill);
  • Maringido v Blurlato Pty Ltd & Ors (Supreme Court of Victoria, medical panel, leading Macaskill, contra Spencer, judgment reserved);
  • Prabdheep Kaur v VWA (County Court of Victoria, VWA serious injury application, leading Tate, judgment reserved);
  • Ilhan Karakoc v TAC (County Court of Victoria, TAC serious injury application/cause, leading Tate, contra Kaye KC and Clark).

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.