Glen Pauline

BA, LLB (Hons)
Barrister | Nationally Accredited Mediator

Independent, professional advice. Experienced representation in Court.



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

About

 

Every client is entitled to expect sage advice and strong advocacy from a barrister. With over a decade of experience practising at The Victorian Bar, specialising in employment law, industrial relations and commercial disputes, and more than 17 years’ experience as a legal practitioner, I am able to help achieve the best outcome the legal system can provide.

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

 

  • 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

 

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.

Being briefed early and involved in all steps towards trial, assists counsel and instructing solicitors to work well together in the client’s best interests. From advice prior to issuing proceedings, drawing pleadings, appearing at interlocutory applications, mediation and preparation of evidence, I work towards the just resolution of disputes. 

I appear in large and small cases in Federal and State Courts and Tribunals, trials and appeals, examinations of witnesses, provide written advice or advice in conference, and conduct independent workplace investigations. 


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)
  • Workplace Ombudsman prosecutions
  • Redundancy
  • Reasonable notice of termination
  • Restraint of trade clauses
  • Discrimination
  • Sexual harassment 
  • Workplace disputes and investigations

 

Unfair dismissal applications can involve jurisdictional objections about "termination at the initiative of the employer" such as abandonment of employment and constructive dismissal, "employee versus independent contractor" disputes and extension of time applications. Hearings on the merits involve issues such as summary dismissal, genuine redundancy, performance and conduct issues and procedural fairness. I regularly prepare submissions and appear at hearings in the Fair Work Commission.

Recent 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.

To view other cases, click here.


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

Industrial

  • 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

 

Recent 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.

For further details and links to the relevant judgments, please click here.

Other recent industrial cases

Appearing before the Full Bench of FWC on behalf of Nationwide Superannuation Fund at an application to vary a number of modern awards by including NSF as a default superannuation fund pursuant to the 2012 Modern Award Review.

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

 

Contract

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, including acting on behalf of head franchisors La Porchetta in Supreme and County Court disputes with franchisees, Gardenbay Windows Pty Ltd in VCAT proceedings defending claims of misrepresentation, breach of franchise agreement, fiduciary duties & negligent misstatement. 

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.

Finance

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.

Torts

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.

Mediation

Disputes I have mediated in Victoria and interstate include franchising, building contracts, employment disputes, a dispute between a national sporting body and a player, and a breach of contract claim by ten plaintiffs, for damages due to the breakdown of a cruise ship. 

As an approved mediator on the Magistrates’ Court Single List of External Mediators (SLEM List), I can assist the early and cost effective resolution of a dispute if appointed by the parties, by mediating for the capped fixed fee of $1,320 including GST (divided between the parties).

As counsel I have extensive experience appearing at court ordered mediations or conciliations in a wide range of commercial and contract disputes,  employment disputes and civil penalty cases,  issued in the Supreme, County, Magistrates’ and Federal Courts, the Fair Work Commission and VCAT. 

SLEM List mediations

Mediations in the Magistrates’ Court may be sought by consent in any civil matter at any time by filing minutes. The capped fee applies once the Court makes an order for a mediation to be undertaken by a SLEM mediator.  No appearance is necessary for this order and minutes of consent to undertake a SLEM mediation should be filed. The agreement for capped fees is a joint initiative of the Magistrates’ Court of Victoria, The Victorian Bar and the Law Institute of Victoria. For further information about the SLEM List, click here.

Franchising Code Mediations

I am a mediator on the Office of Franchising Mediation Adviser panel. Mediation is required in relation to disputes between franchisees and franchisors. I have experience in franchise disputes. If appointed I can mediate a franchise dispute in accordance with the Code requirements.

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.

Contact

Phone
(T): 03 9640 3294
(M): 0411 707 487
Chambers
Melbourne Chambers
Room 0406, 235 Queen Street
Melbourne VIC 3000
Clerk
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.