Patrick has a proven track record in achieving positive outcomes for clients in a range of matters. His philosophy is that hard work, continuous study of the law, listening to clients, excellent customer service and providing commonsense solutions to complex legal issues is the key to success.
Pat Mulligan was admitted in June 2009. He has a Bachelor in Arts and Law and is currently completing his Masters Degree in Law at the Australian National University. His interests include family law, commercial law, building disputes, criminal law, employment law and immigration appeals in the federal magistrates court. He is admitted in the Supreme Court of ACT, Victoria and the High Court.
Prior to practicing law, Patrick has extensive experience in banking and finance and government. He has also managed his own business. He is married and has three children.
To date his achievements include:
- Acting for clients in all family law matters ranging from complex property disputes, child related matters and divorce applications. He aims to settle most matters in a cost efficient and mutually beneficial manner. Notwithstanding that, litigation is sometimes unavoidable, and he provides accurate and professional advice in order to achieve results. He has also developed excellent working relationships with barristers at the bar.
- Acting for clients in contested wills and family provisions claims in the supreme court. Providing advice for same and negotiating generous settlements. Providing advice and drafting in all areas of wills and probate.
- Acting for builders, developers and home owners in domestic building disputes at VCAT. In most cases he has successfully negotiated settlements and achieved positive outcomes.
- Representing clients in criminal matters. He has successfully appealed harsh sentences from the Magistrate’s Court in summary crime matters including assault charges. He has also acted for clients in serious crime matters including sexual assaults. He vigorously defends his client’s rights and has excellent working relationships with criminal law barristers to provide excellent representation and professional advice in all crime related matters. He regularly acts as advocate in the magistrate’s court.
- Acting and providing advice for employers and employees in unfair dismissal claims, adverse action, discrimination, the Fair Work Act and complex contract disputes with respect to confidentiality agreements and restraints of trade.
- Providing advice, acting for clients and drafting agreements with respect to general commercial matters including sale of business, sale of shares, commercial contracts and business structures.
- Acting for clients and providing advice in general commercial litigation matters including partnership disputes, shareholder disputes, professional negligence, intellectual property, breach of contract, equitable claims and property disputes.
- Representing clients in the federal magistrate’s court appealing decisions of the Migration Review Tribunal and Refugee Review Tribunal. He has acted as advocate and successfully settled and won appeals arguing that the tribunal made errors of law.
Pat's experience also includes:
COMMERCIAL LAW:
- Drafting contracts,
- sale of business,
- sale of share agreements/advice,
- commercial lease advice and drafting,
- intellectual property disputes including trademark law and applications,
- advice on business structures,
- contract advice,
- directors duties,
- trustee duties,
- drafting partnership agreements,
- partnership advice,
- general commercial litigation and debt recovery.
CONSTRUCTION LAW:
- Contract drafting and advice,
- acting for home owners, builders, developers in VCAT building disputes.
- Security of Payment legislation advice and debt recovery.
CRIMINAL LAW
- Drink driving
- Assaults
- Drug Offences
EMPLOYMENT LAW
- General advice
- Drafting contracts
- Unfair dismissal
- Aderse Action claims
- Discrimination
FAMILY LAW:
- General advice
- Binding Financial Agreements
- property related disputes
- child/parenting orders
PROPERTY LAW:
- Conveyancing ,
- property law advice,
- drafting retail leases and general advice.
WILLS AND PROBATE
- Drafting wills
- Probate Applications
- Family Provisions Claims
Prior to practising law he:
- Ran his own mortgage business;
- Worked in Banking and Finance;
- Worked in Government; and
- Served in the Army.
Qualifications
- Bachelor of Arts
- Bachelor of Laws
Practice areas
- Criminal Law
- Commercial Law and Litigation
- Employment Law
- Wills and Probate
- Judicial Review(Immigration Court Appeals).
Memberships
- Construction Law Society
- Law Institute Victoria
Family Law - When is it a de facto relationship or an affair? - Case Note: Jonah V White(2011)
Date: May 07, 2012
Author(s): Patrick Mulligan B.A., LL.B.
This is a judgment by Murphy J. The case concerned a question of law. The applicant was in an affair with the respondent for 17 years.
Family Law - Financial Agreements - Application by wife to set aside financial agreement - Duress, Unconscionability and Failure by Solicitor to Provide Independent Advice
Date: May 07, 2012
Author(s): Patrick Mulligan B.A., LL.B.
The Wife filed an application pursuant to s90K of the Family Law Act, seeking orders that the financial agreement between herself and the husband should be set aside as a result of duress, unconscionability and failure by her solicitor to give independent advice.
Employment Law - How $16,000 in underpayments can turn into $200,000 in fines.
Date: April 30, 2012
Author(s): Patrick Mulligan B.A., LL.B.
This article pinpoints the importance of obtaining advice on employee entitlements and early intervention by a lawyer when the Fair Work Ombudsman(FWO) initiates a workplace investigations. This case concerned a retail shoe business that underpaid employees.
Criminal Law - Social Security Fraud - Amendments to social security legislation and reporting requirements after court finds legal loophole in favour of defendant
Date: April 18, 2012
Author(s): Patrick Mulligan B.A., LL.B.
A recent Supreme Court appeal established a major flaw in social security fraud cases. In order to establish social security fraud, the prosecution will usually charge the defendant pursuant to s135.2 (1) of the Criminal Code (Cth). The charge is obtaining financial advantage from the Commonwealth.
Employment Law - Contract Law - Contract of Emplyment - Reisgning in fixed term contracts
Date: March 27, 2012
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to review the Purcell case. This case is significant in so far as it highlights the application of contract theory to employment contracts. Theoretically when one party elects to terminate/breach the contract by resigning the law provides that the innocent party may elect to accept the repudiation or keep the contract on foot.
Employment Law - Restrain of Trade Clause - Restraint clause held to be reasonable but court would not grant injunction
Date: March 02, 2012
Author(s): Patrick Mulligan B.A., LL.B.
EMPLOYMENT LAW-RESTRAINT OF TRADE CLAUSE IN EMPLOYMENT CONTRACT-EMPLOYMENT RESTRAINT CLAUSE HELD TO BE REASONABLE BUT COURT NOT GRANT INJUNCTION AS IN ALL THE CIRCUMSTANCES IT WOULD BE UNJUST.
CASENOTE: ECOLAB PTY LTD V STEPHEN GARLAND [2011] NSWSC 1095 (SEPTEMBER 2011)
The purpose of this article is to analyse the above case. It is a very significant precedent and goes to show the flexibility the courts have when considering whether or not to grant an injunction.
Family Law - Division Orders - Are interim property orders final?
Date: March 02, 2012
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to provide an overview of Strahan’s case. This case provides an analysis of the status of interim property orders.
Employment Law - Unfair Dismissal - Are you a casual or permanent part-time employee?
Date: March 01, 2012
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to address employees and employers obligations under the Fair Work Act with respect to entitlements, payment, classification and remedies for employees.
Employment Law - Unfair Dismissal - Can an employee be dismissed for comments made on Facebook regarding work colleagues?
Date: February 27, 2012
Author(s): Patrick Mulligan B.A., LL.B.
Mr. Stutsel had worked for Linfox for over 22 years. Fellow managers had learnt of comments made about them on face book. One manger of Muslim origin was called a “bacon hater” and sexual innuendos and jokes were made about a female manager. An investigation was conducted. Mr. Stutsel was subsequently dismissed.
Employment Law - Adverse Action Claim - An example of a case where the employer rebutted presumption that employee was dimissed due to complaining about work conditions and entitlements
Date: February 27, 2012
Author(s): Patrick Mulligan B.A., LL.B.
Mr. Manchin(employee) commenced employment with Miners Tipper Services as a truck driver.(Herein the employer). The employer dismissed him on the grounds that his conduct jeopardised the reputation and business relationships of the business. In response he filed an application claiming that the real reason for his dismissal was because he exercised workplace rights with the employer by complaining about wage conditions and entitlements.
Employment Law & Commercial Law - Restraint of Trade Clause - Introduction Fees? Are they restraint of trade clause?
Date: February 27, 2012
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to analyse a recent decision in the Supreme Court of Victoria regarding the interpretation of restraint of trade clauses. In Earth Force Personnel Pty Ltd v E A Negri Pty Ltd & Anor [2010] VSC 426 (22 September 2010) a labour hire company appealed a decision by the Magistrates Court regarding the interpretation of an introduction fee. In that case the respondents argued that the introduction fee was unenforceable as a restraint of trade clause and that the introduction fee was therefore not payable.
Employment Law - Contracts - Restraint of trade clauses
Date: January 24, 2012
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to analyse a recent decision of the Supreme court. It is a novel decision in so far as the court ruled on a peculiar set of facts and provided some guidance on how the courts will rule on restraint of trade clauses in the employment context that refer to corporate groups and whether that aspect of drafting may be too wide and therefore unenforceable in the circumstances.
Family Law - Contesting Wills - Family Law Provision Claims - Case Note - Successful judgment of claimant of deceased lover and son
Date: January 16, 2012
Author(s): Patrick Mulligan B.A., LL.B.
Case note: Whitehead v State Trustees Limited [2011] VSC 424 (2 September 2011)
Family Law - Binding Financial Agreements - Pre-Nuptial Agreements - Will a court enforce a BFA that is a bad bargain for one of the parties?
Date: January 11, 2012
Author(s): Patrick Mulligan B.A., LL.B.
This case concerned a couple that entered into a biding financial agreement (BFA) after they separated. They were married for 17 years. They entered into the BFA after they separated in 2007. The relevant clauses of the agreement provided that the home was estimated at $750,000 provided that repairs were undertaken. The husband had to undertake the repairs which were estimated at around $31,000.
Employment Law - Unfair Dismissal or a Genuine Redundancy? When is Redeployment Reasonable?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
A common issue in termination of employment is determining whether the employee has been unfairly dismissed or made redundant. The employer may have told the employee that it is a genuine redundancy.
Employment Law - Redundancy - Unfair Dismissal - Should Employers Offer a Lower Paid Position to Employees?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to review Margolina v Jenny Craig Weight Loss Centres Pty Ltd [2011]FWA 5215. This case addressed issues of whether it would have been reasonable to redeploy the employee into a lower paying position when she was made redundant. She argued that it was not a genuine redundancy as the employer never offered her alternative employment in a lower paid position.
Family Law – What can I do if my partner has given away or transferred property during the relationship, separation or divorce?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to explain the court’s power to set aside transfers of property and transactions by a party to a relationship. This power is available to the court pursuant to s106B of the Family Law Act 1975. A claimant may apply to the court for an order under this section where a proposed or actual transaction or disposition of property by a party will have the effect or likely effect of defeating property and maintenance related orders under the Family Law Act 1975.
Family Law - Binding Financial Agreements - Spousal Maintenance Provisions - The power of courts to order spousal maintenance regardless of binding financial agreements
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.