Paul Folino-Gallo

Paul is a specialist trial and appellate advocate appearing in courts and tribunals across both state and federal jurisdictions.

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Paul has appeared for, and provided specialist advice, to statutory bodies, publicly listed companies, private companies, partnerships and individuals.

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Paul’s focus is on providing advice on complex matters in a clear and concise manner. He is known for robust advocacy that is tempered with, and often guided by, sound business acumen and an awareness of the commercial need for efficiency in litigation. 

Publications

To read Paul's publications, click here

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Paul’s Philosophy

Effective dispute resolution is about more than understanding the law; it requires meticulous preparation and deep insight into how Courts come to a decision in any given case. Communication is key. So too is ensuring that strategic decisions are carefully thought through to ensure that the case is presented to the Court in a way that is both expedient and most favourable to the client.

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Cases are often won and lost well before proceedings are commenced. The way that risk is managed at the outset of a dispute, sometimes before a cause of action has arisen, is critical and will often shape the way that any dispute resolution process plays out.

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Litigation is risky, time-consuming and expensive. The consequences of judgmental errors by counsel can be costly for solicitors and their clients as well as an unnecessary burden on an already overloaded justice system.

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It is important that counsel is experienced so that the strategic decisions are correctly made on the basis of predictions that are founded on a wealth of experience. Decisions about how a case is to be pleaded, the value of a case, whether to enter into settlement negotiations, whether to accept an offer or proceed to trial are crucial to the outcome of the dispute resolution process. These professional judgments by counsel are influential in shaping the case and the mechanisms selected to resolve them. Client’s choices and outcomes therefore depend upon the abilities of counsel to make accurate forecasts concerning case outcomes.

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Counsel who advises clients to pursue litigation without delivering a successful outcome will not have clients for long. Likewise, a client will be most satisfied with a barrister who is accurate and realistic when detailing the potential outcomes of a case.

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I have over ten years of experience at the bar. In this time, I have run hundreds of cases before Courts and Tribunals in most states and jurisdictions within Australia. Through this experience, I have honed my abilities to ensure that complex strategic decisions are made quickly to ensure that forensic advantages are seized. I also understand the importance of communication. This is not limited to communicating with the Judges of each Court, but also with solicitors and clients. It is important that you understand the journey that you are embarking upon and that you are constantly informed as to how your matter is progressing and any challenges that may emerge.

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I have a sound knowledge of court procedure and the rules of evidence. I am an experienced cross-examiner and am across emerging techniques from around the world to ensure that I am as effective as I can be in the courtroom. Similarly, I have read a great body of work directed to effective negotiation and strategy so that I can ensure that my clients enjoy the very best representation in settlement conferences and mediations. The techniques I have learnt have been deployed in trials and mediations in which I have appeared to the advantage of my clients. My work is always imbued with a sound business acumen and an awareness of the commercial need for efficiency in litigation. 

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Cases of Note:

Property, Leasing and Property Development REW08 Projects Pty Ltd v PNC Lifestyle Investments Pty Ltd (2017) 95 NSWLR 458; (2018) ANZ ConvR 18-076; Spark Group Pty Ltd v Mammone [2017] NSWSC; PNC Lifestyle Investments Pty Ltd v REW08 Projects Pty Ltd (2017) 18 BPR 36,593; PNC Lifestyle Investments Pty Ltd v REW08 Projects Pty Ltd (No 2) [2017] NSWSC 993; In the matter of Settlers Estate [2017] NSWSC (Led by Kelly SC); In the matter of Premiere Pty Ltd [2017] NSWSC; In the matter of Pavert v Sewing Machine Warehouse [2014] – [2018] NSWSC; Volhan v Nothern Beaches Council [2017] NCAT; Praskevas v Dermatis [2017] NCAT; Cihan v City Tobacconist Pty Ltd [2016] NSWCATCD 26; Woodgate v Kisiel [2016] NSWSC; Trust Company Ltd v Kebab King Australia Pty Ltd [2015] NSWSC 513; In the matter of Equivest [2015] NSWSC; Smooth Flight Pty Ltd v Mo [2015] NSWCATCD 71; Cihan v City Tobacconist Pty Ltd [2015] NSWCATCD 148; Lewisham Estates Pty Ltd v LMW Advisory Group Pty Ltd [2014] NSWCATCD 65 (Led by Henskens SC); Lockrey v Historic Houses Trust (NSW) [2013] NSWSC; Groz Investments Pty Ltd v Ronro Pty Ltd [2013] NSWSC 794; Xu v Georges [2013] NSWSC 880; Mann v Bridge Hill [2013] NSWSC; Lockrey v Historic Houses Trust (NSW) (2012) 84 NSWLR 114 (Led by Robinson SC); Lockrey v Historic Houses Trust of New South Wales [2012] NSWSC 654; In the matter of WAN 13 Pty Ltd [2012] NCAT; Holt v Horley [2012] NSWSC; The Application of Richard Albarran, Harb v Harb (2010) 17 BPR 33,295; Chronopoulos v Carossel Pty Ltd [2010] NSWADT 191; Chronopoulos v. Carossel (No 2) Pty Limited [2010] NSWADT 236; DIC Australia Pty Ltd v Quality Print Group Pty Ltd [2010] NSWSC 636; McHugh Holdings Pty Ltd v Newtown Colonial Hotel Pty Ltd (2008) 73 NSWLR 53 (Led by Muddle SC) ; Digital Eskimo Pty Ltd v Hanave Pty Ltd [2008] NSWSC 438; Balanced Securities Ltd v Jones [2007] NSWSC 698

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Corporations and Insolvency Recycling Services Pty Ltd [2017] NSWSC; Body Technology Pty Ltd v 180 Corporate Pty Ltd [2016] NSWSC; Re Domicgra Trading Pty Ltd [2015] NSWSC 1918; Re Imperium Projects Pty Ltd [2015] NSWSC 123; Re Fishinthenet Investments Pty Ltd [2014] NSWSC 260; Allied Express Transport Pty Ltd v Exalt Group Pty Ltd [2013] FCA 455 (Led by Feller SC) ;Nguyen v Lion Finance Pty Ltd [2012] FMCA 880; Franks v Equititrust Ltd [2012] FMCA 1180; Virtual Technologies International Ltd v Gye [2010] NSWSC 399

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Mortgages Kaji Australia Pty Ltd v Glover [2017] NSWSC 120; Bay Bon Investments Pty Ltd v Damevski [2012] NSWSC 1408; Driat Pty Ltd v Thomas [2012] NSWSC 683

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Building and Construction Doka Formwork v Toplace Pty Ltd [2018] DCT; Flanningan v Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23; H M Australia Holdings Pty Limited v Edelbrand Pty Limited t/as Domus Homes & Anor [2012] HCASL 156 (led by Hutley SC);  Edelbrand Pty Ltd v HM Australia Holdings Pty Ltd [2012] NSWCA 31; H M Australia Holdings Pty Limited v Edelbrand Pty Limited t/as Domus Homes & Anor [2011] NSWSC 604; Grozdanov v N&T Buildings Pty Ltd [2015] NSWCATAP 107; Pavert v Reward Homes [2015] NCAT; Xu v Georges [2013] NSWSC 880; Owners Corporation SP 82041 v Shimden [2013] NCAT; Levadetes Pty Ltd v Iberian Artisans Pty Ltd [2009] NSWSC 641 (Led by Ashurst SC)

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Equity Nitopi v Nitopi [2018] NSWSC 609; Garcia Arenas v Fica [2017] NSWSC 1769; Sydmelb Pty Ltd v Bonasella Pty Ltd [2017] NSWSC; HA Jacob Pty Ltd v Green [2013] NSWSC; Palin v Vetterli [2013] NSWSC 893; Walker v Stuart [2009] NSWSC; Winefield v Clarke [2008] NSWSC 882.

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Costs WKA Legal Pty Ltd v Gleeson [2018] NSWSC 318; Albarouki v Prime Lawyers Pty Ltd (2013) 16 DCLR(NSW) 385 (Led by Feller SC)

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Miscellaneous cases of interest Fuimaono v Director of Public Prosecutions [2011] NSWSC 472; HCCC v Williamson [2011] NSWNMT 1; Vetterli v Palin [2011] NSWIRComm 83; Corney v Hose [2010] FMCAfam 1462; Department of Primary Industries v Schembri [2009] NSWSC 1006