Paul Shanahan specialises in commercial litigation and dispute resolution, and has over 25 years' experience in conducting and defending proceedings in courts, tribunals and commissions, and advising on statutory interpretation issues, statutory compliance and risk management matters.

Paul has acted for clients in the Commonwealth public sector, for WA State Government owned enterprises and for private sector clients in the property, mining, energy, transport, logistics and manufacturing industries.

Paul has also acted in a wide range of disputes, particularly in large and factually complex litigation, arbitration and mediation, and including matters involving technical issues. These have included matters concerning applications for judicial review, other administrative law issues, privacy and Freedom of Information, contractual and tort disputes, professional negligence and commercial insurance law.

Paul's skill-set includes advocacy, and he has gained significant experience as Counsel in courts, tribunals and in arbitration.

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Expertise

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Litigation and Dispute Resolution

Commercial Property: Paul has advised and acted for a number of private clients in relation to a wide range of commercial property disputes, generally concerning leasing and licensing matters. Those disputes generally involve commencing or defending claims, and representing clients, in the WA State Administrative Tribunal.


See Litigation and Dispute Resolution

Energy and Resources

Mining and energy companies: Paul has advised and acted for a number of private sector large mining company clients in relation to a range of issues associated with disputes in relation to royalty agreements, leases, licences, unitholder and shareholder agreements, material handling agreements, crushing and screening contracts, load and haul contracts, and an explosives supply contract.

Other clients: Paul has also advised private sector electrical power generation companies in relation to a range of commercial disputes. 

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Transport and Logistics

 Paul has also acted for a number of larger transport, logistics and marine services companies, which generally work within the minerals and energy sector, in relation to various commercial disputes.

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Government Services

Commonwealth public sector

ATO: Paul acted for the ATO in relation to Freedom of Information applications, in response to subpoenas for the production of documents and in relation to claims against the ATO alleging defective administration and for the review of administrative decisions.

 

DVA: Paul acted for the DVA in a very large number of administrative appeal matters, which involved proceedings in the Administrative Appeals Tribunal, the Federal Court and the Full Court of the Federal Court.

 

Department of Transport and Regional Services: Paul acted for DoTARS (as it then was) in a variety of matters, which included claims for damages for alleged negligence, and a class action by the non-European population of Christmas Island for alleged systematic discrimination over a period of decades. Those matters involved proceedings in the WA District Court and the WA Supreme Court. (Note: Christmas Island is now administered by the Department of Infrastructure and Regional Development).

 

DHS (formerly Centrelink): Paul acted for Centrelink in relation to a number of workplace relations matters, including matters involved claims before the Australian Industrial Relations Commission and the Australian Human Rights & Equal Opportunity Commission.

 

Directorate of Litigation (DLIT, Department of Defence): Paul acted for DLIT in a variety of matters, which included claims for personal injuries and for damages for alleged negligence. Those matters involved proceedings in the WA District Court and the WA Supreme Court.

 

West Australian state public sector

 

Forest Products Commission (FPC): Paul has advised the FPC (created by the Forest Products Act (WA) 2000) in relation to issues concerning the exercise of its statutory powers and as to the resolution of certain commercial disputes.

 

West Australian State Government owned enterprises

 

WA Port Authorities: Paul has advised and acted for different WA Port Authorities (which own and operate different WA commercial sea ports, which are owned by the WA State Government, and which are independent corporate bodies created by the Port Authorities Act (WA) 1999) in relation to a wide range of issues associated with different port services agreements, leases, licences, various other agreements and the disputes arising from those matters. Paul has also advised WA Port Authorities on Freedom of Information applications and on issues arising in relation to a proposed public-private partnership project.


See Government Services

Administrative and Public Law

ATO: Paul acted for the ATO in relation to Freedom of Information applications, in response to subpoenas for the production of documents and in relation to claims against the ATO alleging defective administration and for the review of administrative decisions.

DVA: Paul acted for the DVA in a very large number of administrative appeal matters, which involved proceedings in the Administrative Appeals Tribunal, the Federal Court and the Full Court of the Federal Court.


Australian Pesticides and Veterinary Medicines Authority (APVWA): Paul acted for the APVMA in relation to a Federal Court appeal from a decision of the AAT concerning the APVMA's refusal to register a particular product.


See Administrative and Public Law

Knowledge

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