JANELLE PAYNE, BARRISTER & MEDIATOR

JANELLE PAYNE is a commercial barrister and nationally accredited mediator in Brisbane and the Sunshine Coast. She helps parties in and out of Court, particularly to resolving business and commercial disputes through mediation in Brisbane, Maroochydore, Noosa,  Mooloolaba, Caloundra, Nambour and throughout the Sunshine Coast.

Janelle is known for her forensic skill, in-depth analysis of the law and persuasive written submissions.

    • Her expertise includes complex contract disputes, retirement village disputes, managed investment schemes, director and shareholder-disputes, anti-competitive conduct, leasing, superannuation, banking, securities, franchising, trusts, insolvency, professional disciplinary proceedings, administrative law and appeals.
    • Janelle specialises in business to business dispute resolution and resolving legal proceedings outside of court.

Janelle has over 13 years experience as a barrister, and almost 20 years’ experience as a lawyer, having been admitted as a Solicitor in 2002 and called to the Bar in 2008.

    • Prior to being called to the Bar, Janelle was a Senior Associate at Minter Ellison, Australia’s largest law firm.
    • Janelle is one of those treasures with a passion for complex areas such as equity, property law and insolvency.
    • Janelle is also experienced in mediation, arbitration and alternative dispute resolution (ADR).

Legislation

Janelle has a working knowledge of Queensland and Commonwealth legislation, including:

Corporations Act 2001 (Cth)
Property Law Act 1974 (Qld)
Bankruptcy Act 1966 (Cth)
Personal Property Securities Act 2009 (Qld)
Partnership Act 1891 (Qld)
Retirement Villages Act 1999 (Qld)
Retail Shop Leases Act 1994 (Qld)
Queensland Building Services Authority Act 1991 (Qld)
Body Corporate and Community Management Act 1997 (Qld)
Trusts Act 1973 (Qld)
Competition and Consumer Act 2010 (Cth) (Australian Consumer Law)
Trade Practices (Industry Codes – Franchising) Regulations 1998 (Franchising Code of Conduct)
Superannuation (Resolution of Complaints) Act 1993 (Cth) (Complaints Act)
Commercial Arbitration Act
Surrogacy Act 2010 (Qld)
Status of Children Act 1978
Births, Deaths and Marriages Registration Act 2003
Acts Interpretation Act 1954 (Qld)
Succession Act 1891 (Qld)
Guardianship and Administration Act 2000 (Qld)
Powers of Attorney Act 1998 (Qld)
Cooperatives Act 1997 (Qld) aka Queensland Cooperatives Act

Areas of Practice
Banking & Securities
Bankruptcy & Insolvency
Commercial
Competition & Consumer Law (Trade Practices)
Contract
Equity & Trusts
Fertility Law
Intellectual Property & Franchising
Mediation and Arbitration
Property
Superannuation
Trusts & Managed Investment Schemes

Career highlights

  • Harvard University (Executive Education Program: Advanced Mediation Workshop, June 2016)
  • Minter Ellison Alumni (formerly a Senior Associate in Minter Ellison’s Corporate and Financial Litigation & Insolvency (CFLI) team.
  • Queensland Emergent Woman Lawyer of the Year, finalist (2005-2006).
  • Master of Laws (QUT)
  • Janelle’s key areas of civil litigation are contract, property, trusts, insolvency, Corporations Act, human rights, discrimination, employment and cross-examining experts. Her family law practice is focused on property matters involving expert reports. She enjoys complex and varied areas of law including civil penalties, directors’ duties, anti-competitive conduct including third-line forcing, securities (mortgages, charges, guarantees, security of payment/Romalpa clauses), property (real property, retirements villages, retail and commercial leases), businesses (franchising), partnerships, joint ventures and shareholder disputes, building and construction disputes, banking and finance, consumer law, equity, trusts and superannuation.
    She has a wealth of experience in insolvency (receivers, liquidators, administrators, bankruptcy, public examinations and rejection of proofs of debt) and in settling expert reports.
  • As well as the above, Janelle has an interest in fertility law and was Counsel in the landmark case in which a same sex couple was named on a birth certificate.
  • Janelle  is also experienced in mediation (including as mediator) and ADR, including expert determination and arbitrations.
  • Janelle  is a highly-regarded individual with past leadership roles with WLAQ and on the QLS Litigation Rules Committee. Janelle was named Queensland Emergent Woman Lawyer of the Year, finalist (2005-2006) and established the WLAQ Ladder mentoring program.
  • Janelle also has a cross section of real-world business experience: she’s helped grow a successful franchise system and has developed a nut-free protein spread for kids’ lunches. She is also an accomplished presenter.
  • She accepts briefs from solicitors in all Courts and Tribunals, including the Supreme Court, District Court, Federal Court, Federal Circuit Court, Queensland Civil and Administrative Tribunal (QCAT), Queensland Industrial Relations Commission (QIRC) and professional disciplinary tribunals.
  • Due a potentail conflict, she is unable to accept briefs for Magistrates Court matters.
  • Janelle prides herself on preparation and attention to detail.

 

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Mediate Australia is a clerking service that provides a single point of contact to identify the right mediator for the client’s needs based on experience, expertise and cost.  The nationally accredited mediators on Mediate Australia’s list are sole practitioners and do not receive a referral fee.  The experienced mediators can be contacted directly for enquiries as to availability and cost if preferred.