Glen Pauline

BA, LLB (Hons)
Nationally Accredited Mediator NMAS

Independent, professional & effective dispute resolution.


Liability limited by a Scheme approved Under the Professional Standards Legislation.
© 2013 Glen Pauline. All rights reserved. Website developed by InforValue Pty Ltd.



With over 15 years of experience at The Victorian Bar in employment law, industrial relations and commercial disputes, and more than 20 years’ experience as a lawyer, I am able to help resolve commerical disputes through mediation. 

To view more about my cases and publications, including links to judgments, click here.

 Career Summary

  • Graduated at Monash University with an Honours Degree of Bachelor of Laws and Bachelor of Arts
  • Admitted to practice in 1995 
  • Practised as a solicitor in Melbourne for five years
  • Worked in London for Hackney Legal Services
  • Signed The Victorian Bar Roll in November 2001
  • Nationally Accredited Mediator since 2010


I have advised and represented a diverse range of clients in Victoria and nationally, including employers, employees, corporations, partnerships, government regulators, universities, institutions and individuals.

I work towards the just resolution of disputes. 

I mediate disputes when appointed by parties privately, by courts or by other organisations such as the Franchising Mediation Adviser.  

Liability limited by a Scheme approved Under the Professional Standards Legislation. © 2013 Glen Pauline. All rights reserved.

Employment Law

  • Breach of employment contract
  • Unfair dismissals, jurisdictional objections
  • Adverse action (general protections)
  • Fair Work Ombudsman prosecutions
  • Redundancy
  • Reasonable notice of termination
  • Restraint of trade clauses
  • Discrimination
  • Sexual harassment 
  • Workplace disputes and investigations

Judgments include:

Fair Work Ombudsman v Soleimani [2014] FCCA 2380 - Penalty hearing for agreed contraventions of General Retail Award 2010, pre-Modern Award and Fair Work Act 2009 re underpayment of minimum wages, weekend penalty and overtime rates and other allowances.

Avagiannis v Commercial Bedding Supplies (Australasia) Pty Ltd [2012] VCC 1866 – Successful claim at trial on behalf of an employee for reasonable notice of termination and loss of chance to earn a bonus, after breach of contract by the employer in failing to open a new store.

Conlon v Anthony Dickinson t/as Raylook Pty Ltd [2012] FWA 7989 - Successful defence of an unfair dismissal claim by an employee alleging a sham redundancy; a small sum of compensation was awarded for failure to consult with the employee about the redundancy as required by the Award.

Manson v Village Vet [2011] FWA 3541 - Successful defence of an unfair dismissal claim by an employee dismissed on the grounds of theft - Small Business Fair Dismissal Code.


Liability limited by a Scheme approved Under the Professional Standards Legislation. © 2013 Glen Pauline. All rights reserved.


  • Unlawful industrial action
  • Picketing
  • Coercion of building industry participants
  • Freedom of association
  • Discrimination
  • Right of entry


My experience includes:

  • injunction applications
  • counsel assisting examinations of witnesses prior to proceedings
  • advising whether there are reasonable grounds to commence proceedings
  • preparation of affidavit evidence for trial
  • appearing at hearings in relation to liability and penalties
  • Full Court appeals


Significant cases

Junior counsel during The West Gate Bridge Dispute (2009, 2010) at four successful  injunction applications and as one of several junior counsel at trial and penalty hearing which resulted in findings of over 40 contraventions of the BCII Act and record fines of over $1 million. 

Junior counsel in a long running case between 2008 and 2013 of Cozadinos v CFMEU & Bell relating to undue pressure being applied to a sub-contractor to make an enterprise bargaining agreement and discrimination, which was initially dismissed at trial, successfully appealed and ultimately resulted in a penalty being imposed for contravention of the BCII Act.

Baulderstone Qld Pty Ltd v Construction, Forestry, Mining and Energy Union [2012] FCA 520 - junior counsel at successful injunction applications in Brisbane pursuant to the BCII Act due to union involvment in picketing and unlawful industrial action by sub-contractors on three building sites in relation to protected industrial action by union members on one site.

Appearing on behalf of Trusses R Us Pty Ltd in proceedings in Fair Work Australia and in two Federal Court proceedings against the CFMEU and four of its organisers, defending claims of alleged breaches of the right of entry provisions of the Fair Work Act 2009 by the employer, and counterclaiming for alleged breaches of the right of entry provisions by the union and organisers in relation to entry notices served by the union which asserted suspected contraventions of industrial instruments.

Liability limited by a Scheme approved Under the Professional Standards Legislation. © 2013 Glen Pauline. All rights reserved.

Commercial Disputes



My experience in commercial contract disputes includes:

  • franchise agreements
  • shareholders agreements
  • sale of goods agreements
  • breach of statutory warranties or guarantees
  • loss arising from breach and termination
  • pre-contractual representations
  • interpretation of terms
  • validity of contract


To view examples of cases, click here

Southern Ocean Pty Ltd v Sugar Australia Pty Ltd [2015] VCC 428 - Thirteen day trial before Kennedy J (led by M.Rinaldi) - Contract - termination - whether plaintiff entitled to termination payments in lieu of notice under contracts or whether defendant entitled to terminate without notice for summary and wilful misconduct - allegations of involvement in fraud against defendant and overcharging dismissed - judgment for plaintiff. 

A ten day Supreme Court trial before Kyrou J (led by TJ North SC) re a software development contract for conversion of hospitality industry software from a DOS environment to a Windows environment.

Franchise disputes, acting for franchisees and franchisors. In 2015 and 2016 I appeared in Supreme Court proceedings concerning two franchisees of Just Better Care. Other franchisor clients have included La Porchetta in Supreme and County Court disputes with franchisees, and Gardenbay Windows Pty Ltd in VCAT proceedings defending claims of misrepresentation, breach of franchise agreement, fiduciary duties & negligent misstatement. I have advised franchisors including The Noodle Box, Bathroom Werx and Yarra Valley Farms. I have advised franchisees including Bottega Rotolo, Theobroma, Buckham Real Estate and Jump Swim

Click here to buy The Victorian Bar “CPD In Session” video of my 2017 discussion with Sarah Frego, CEO on the topic “The Franchising Code of Conduct In Focus: The New Code of Conduct", and earn one CPD point!  

Proceedings under the Australian Consumer Law consumer guarantees relating to a major failure of a second hand vehicle. 

Advice in relation to a claim under the Independent Contractor’s Act 2010.

Pure economic loss claim resulting from the supply of bad potato seeds to a potato grower.

Property & Trusts

My property and trust disputes experience includes:

  • priority disputes
  • constructive trust disputes
  • joint venture disputes
  • valuation disputes
  • Part IV testator family maintenance applications


To view examples of cases, click here

County Court trial defending claim of a constructive trust over land upon which a granny flat was built; including dispute as to value added to the land by the granny flat.

Supreme Court proceedings acting for a subsequent purchaser of land in a priority dispute - pre-existing right of first refusal/pre-emption –whether option was void for uncertainty.

Supreme Court proceedings alleging part performance of a winery joint venture, profit à prendre, common interest constructive trust, estoppel, breach of directors and fiduciary duties.

Supreme Court proceedings in relation to a priority dispute - successfully argued for the removal of an injunction preventing settlement of the subsequent contract of sale of land: Mimi v Millenium Developments Pty Ltd [2003] VSC 260.

Supreme Court proceedings alleging breach of shareholders agreement re property development joint venture, breach of directors and fiduciary duties, duty to account, unconscionable conduct.

Advice and defence to Magistrates’ Court claim that the relationship between the parties was a series of annual engagements for the production of wine from the annual vintage rather than a joint venture.


I have obtained judgments at trial or summarily on behalf of major banks and other financiers seeking to enforce finance, hire-purchase and sale agreements, and guarantees.

To view examples of cases, click here

Successful County and Magistrates’ Court trials appearing for Macquarie Leasing Pty Ltd refuting positive defences run at trial such as:

  • no intention to enter legal relations
  • equitable change of position
  • estoppel
  • Garcia

Summary judgment applications enforcing security

Successfully preventing a default judgment obtained by Macquarie Leasing being set aside

To view the County Court judgment in Macquarie Leasing Pty Ltd v Foley & Evans [2003] VCC click here.


I have advised in relation to negligence, passing off and inducing breach of contract cases.

To view examples of cases, click here

Advising a state government board re a dispute in relation to negligent failure to properly maintain a water treatment program in relation to cooling towers at an iconic building in Melbourne causing significant damage to infrastructure and high levels of legionnaire bacteria.

Advising franchisor of retail food stores as to potential claims of passing off or breach of s.52 of the Trade Practices Act 1974 re a competitor’s store.

Successfully defending Islamic Council of Victoria against two Magistrates’ Court of Victoria claims that it induced an abattoir to breach the employment contracts of two employees by terminating their employment.

Liability limited by a Scheme approved Under the Professional Standards Legislation. © 2013 Glen Pauline. All rights reserved.


Why appoint me to mediate your dispute? 

  •  Experienced, successful mediator, accredited in 2006
  •  Nationally Accredited Mediator since 2010
  •  OFMA (Franchising Mediation Adviser) Mediator
  •  Specialising in commercial, franchising & employment law
  •  Formber Member of ADR Committee of The Victorian Bar
  •  Barrister for over 15 years, over 20 years legal experience
  •  Fixed rate ($330 inc GST per hour) if appointed by OFMA
  •  Fixed cost for SLEM List Magistrates’ Court proceedings
  •  Competitive rates for court ordered or private mediation


Mediator experience in commercial, franchise and employment disputes

  • In 2014 appointed to the OFMA Panel of Mediators
  • In July 2017 appointed to the OFMA Mediator List by the new Franchising Mediation Adviser
  • I have an excellent track record of assisting franchisees and franchisors resolve their dispute 
  • Other disputes I have successfully resolved include:
    • building contract disputes
    • teacher/school employment dispute
    • breach of contract claim by ten plaintiffs for damages due to breakdown of a cruise ship
    • sale of business contract dispute


Can a handshake settle the dispute? A recent Victorian Supreme Court case answered this question. For my summary of the case, click here

Liability limited by a Scheme approved Under the Professional Standards Legislation. © 2013 Glen Pauline. All rights reserved.


(T): 03 9225 8927
(M): 0411 707 487
Douglas Menzies Chambers
Level 5, 180 William Street
Melbourne VIC 3000
Foley's List
DX 92 Melbourne
205 William Street
Melbourne VIC 3000
(T): 03 9225 7777

Liability limited by a Scheme approved Under the Professional Standards Legislation. © 2013 Glen Pauline. All rights reserved.