CZARNOTA, Paul

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CZARNOTA, Paul


Areas of Practice

  • Contract Law
  • Defamation
  • Insurance
  • Medical Negligence
  • Personal Injury
  • Professional Negligence
  • Sports Law
  • Workcover

 

Paul graduated with undergraduate degrees in Commerce and Law (with Honours) from Monash University in 2008. While at law school, he achieved high distinctions in several units including Torts, and completed a semester abroad in Kuala Lumpur, Malaysia. It was also while at law school that he developed necessary skills and a passion for trial advocacy on his way to reaching the finals of the Monash Law general moot competition.

After graduation, Paul completed his articles of clerkship with a leading plaintiff personal injury firm and was admitted as a solicitor in Victoria in 2009. From 2010 to 2012, he worked for a national mid-tier firm, acting for defendants in insurance and personal injuries litigation. While working as a solicitor, he completed part-time studies at the University of Melbourne, graduating with a Master of Laws in 2012. He sat and passed the New York bar exams in 2013, and was admitted to practice in New York in 2014. He worked for a mid-size firm in Melbourne on his return from sitting the New York bar exams in 2013, working in workers compensation litigation until 2015 when he was called to the Victorian Bar.

Paul maintains an active litigation practice in areas of personal injury, insurance, sports law, and international arbitration. He regularly appears as counsel in trials (by judge alone or jury) in Victoria's Supreme Court and County Court, and in appeals in the Victorian Court of Appeal. He also has experience appearing in arbitration proceedings before the AAA in New York. He accepts briefs to appear alone, as junior counsel, and as leading counsel. A skilled advocate, he was awarded a “Red Silk’s Robe Bag” by E W Alstergren QC (now Chief Judge, Federal Circuit Court of Australia) in recognition of excellent work as junior counsel in a successful damages trial by jury. Aside from work as counsel, he has experience appearing as mediator in personal injuries matters.

In addition to practice, Paul lectures law on an adjunct basis at several leading universities. He is an appointed Senior Fellow of the University of Melbourne, a Senior Fellow of Monash University, and a Visiting Senior Fellow of the National University of Singapore. He currently teaches Sports Law courses to LLB and LLM students at each university on an intensive basis. He previously lectured Torts at Monash University, for which he received an outstanding teaching award in 2014.

In March 2020 Paul was appointed by the Australian Government as an inaugural tribunal member (part-time) to the National Sports Tribunal for a three-year term.

Practice Areas:

  • Insurance, Tort and Personal Injuries Litigation
    • Intentional Torts
    • Judicial Reviews of Medical Panel determinations
    • Occupiers’ Liability
    • Public Liability
    • Product Liability
    • Property Damage
    • Superannuation TPD and disability insurance
    • Transport Accidents Litigation
    • Workers Compensation
  • International Arbitration
  • Sports Law
    • Anti-Doping Law
    • Match-Fixing / Integrity / Corruption
    • Ambush Marketing
    • Olympic Selection and Nomination disputes
    • Athlete Privacy and Publicity (Imaging) Rights
    • Injuries in Sport

Qualifications:

  • BCom, Monash University (Australia, 2008)
  • LLB (Hons), Monash University (Australia, 2008)
  • Solicitor, State of Victoria (Australia, 2009)
  • LLM, University of Melbourne (Australia, 2012)
  • Attorney-at-Law of the State of New York (USA, 2014)
  • Barrister, Victorian Bar (Australia, 2015).

Cases

Here is a non-exhaustive list of some of Paul’s noteworthy cases in which he has appeared as counsel:

Insurance, Torts and Personal Injuries

Sports Law:

  • National Sports Tribunal, appointed tribunal member (from 19 March 2020)
  • Appointed member of Australian Olympic Committee's Appeals Tribunal pool for Tokyo 2020 Olympic team appeals process
  • Acted as counsel assisting the HRV Show Cause Sub-Committee on a training licence revocation appeal
  • Demmler v Harness Racing Victoria [2017] VCAT 600 (Anti-Doping, Cobalt, successful, led by E Brimer SC (prior to Her Honour's appointment to the County Court of Victoria)
  • Harness Racing Victoria (Stewards) v Graham (HRV RAD Board, Anti-Doping, Cobalt)
  • Harness Racing Victoria (Stewards) v Jack & Ors (HRV RAD Board, Race-Fixing, Stay of Suspension pending criminal prosecution, unled)
  • Advised athletes on cases before the Court of Arbitration for Sport (CAS) involving anti-doping rule violations.

University Appointments

Publications

Presentations

  • 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.

 

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