Paul Welling Principal Solicitor

Paul Welling joins KHQ as the leader of our litigation team. He spent over a decade at a top tier national law firm and is a highly experienced litigator specialising in all areas of complex commercial litigation and dispute resolution. He has particular expertise in contractual disputes, actions in tort, equity, injunctive relief and white collar crime.

Paul has acted for clients in all levels of courts and tribunals, including the High Court, Federal Court, State Supreme Courts and the Victorian Civil and Administrative Tribunal. He has experience in all facets of commercial litigation including devising matter strategies, briefing and instructing counsel, appearing before courts and tribunals, drafting witness statements and negotiating with opposing parties.

Paul has extensive experience in matters involving regulatory bodies, having acted in proceedings brought by the Australian Competition and Consumer Commission, the Australian Securities and Investments Commission and the Australian Customs and Border Protection Service.

Paul is committed to utilising mediation and other alternative dispute resolution strategies as part of, or as an alternative to, litigation. He is experienced in preparing material for mediation, representing clients at mediation and advising clients regarding negotiation and settlement strategies.

Paul has also developed and delivered a range of seminars on areas including misuse of market power, the rules of evidence, and asset freezing orders.

Latest News & Insights

Collective bargaining – change is on the way

Posted By on 10/09/18 at 8:19 AM

By Darrell Choong (Trainee Lawyer) and Paul Welling (Principal Solicitor) The gates of Troy have been breached!  At least, they might be soon. In a somewhat surprising turn of events, the ACCC is considering a class exemption for collective bargaining by eligible businesses, agribusinesses and franchisees.  Currently, collective bargaining is only allowed if a business … Read more

Liquidators’ unfair preference claims – the basics

Posted By on 26/02/18 at 2:44 PM

By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) If one of your organisation’s customers or clients goes into liquidation, there is a risk that the liquidator may seek to recover (or “claw back”) payments made by that company to you as an unfair preference under Section 588FA of the Corporations Act 2001 (“the Act”). … Read more

Giving evidence at a Royal Commission

Posted By on 12/02/18 at 9:08 AM

By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) The first hearing of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry will take place today in Melbourne. Although no witnesses will be called at this initial public hearing, we thought that it would be timely to briefly summarise the … Read more

High Court refuses special leave to appeal, “ultimate consumer” test confirmed (for now)

Posted By on 19/12/17 at 4:39 PM

By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) On Friday the High Court refused an application for special leave to appeal the Victorian Court of Appeal decision of IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178 (Appeal Decision).  The Appeal Decision was significant for all landlords and tenants … Read more

Significant changes to the Bankruptcy Act

Posted By on 13/12/17 at 10:28 AM

By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) Under a bill introduced into Parliament earlier this year, the default period for bankruptcy in Australia is proposed to be significantly reduced from three years to one year (along with various other reforms). According to the Explanatory Memorandum which accompanied the Bankruptcy Amendment (Enterprise Incentives) … Read more

Can a restraint of trade apply to referrers?

Posted By on 30/11/17 at 7:53 AM

By Paul Welling (Principal Solicitor) and Josephine Mammone (Trainee Lawyer) We recently had cause to consider a restraint of trade clause regarding referrers.  The decision in Two Lands Services Pty Limited and 1 Ors v Gregory Robert Cave [2000] NSWSC 14 considered the validity of a referrer restraint. Background Mr Cave was employed as a … Read more

AFS licence holder cops penalty for breach of the best interests duty

Posted By on 3/11/17 at 9:26 AM

By Josephine Mammone (Trainee Lawyer), Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) On 27 October 2017, the Federal Court imposed a significant penalty, totaling $1 million, against financial services firm NSG Services Pty Ltd (NSG) in what ASIC has described as ‘the first civil penalty imposed on a financial services licensee for breaches … Read more

Federal Court rules on unfair contract terms

Posted By on 1/11/17 at 11:45 AM

By Chrystie Siapkas (Lawyer) and Paul Welling (Principal Solicitor) A recent Federal Court decision regarding the unfair contract terms regime provides valuable guidance for businesses regarding the types of terms which may be declared void.   Background   In November 2016, the existing unfair contract term protections for individual consumers were extended to cover standard … Read more