JANELLE PAYNE, COMMERCIAL BARRISTER & MEDIATOR

JANELLE PAYNE is a commercial barrister and global mediator using her 20 years as a commercial lawyer, ncluding 15+ years as a respected commercial barrister, to help solve complex, commercial, multiparty and emotionally-charged disputes out of court.

Janelle brings a high level of commercial law experience and understanding, particularly in the areas of contracts, trusts, property, insolvency, banking, shares and investments, as well as personal experience in the business and management spheres.

Janelle has conducted hundreds of commercial and industrial relations mediations in her prior role as a court Registrar.  She has also trained Court registrars as mediators with these teams going on to win awards for their alternative dispute resolution services.

At the Advanced Mediation Workshop at Harvard Law School (Program on Negotiation: Executive education, Cambridge, June 2017), Janelle enhanced her toolkit in tackling the most challenging commercial, multiparty and emotionally-charged disputes. She also attended the 2nd International ADR Conference in Bangkok, Thailand.

In 2023, Janelle was appointed an expert assessor at the International Bar Association Mediation and Negotiation Competition held in Vienna.

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

• • Her expertise as a barrister 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 15 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

• 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  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’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.

Janelle  is also experienced in mediation (including as mediator) and ADR, including expert determination and arbitrations.

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 for matters in most 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 potential conflict, Janelle is unable to accept briefs for Magistrates Court matters. She also mediates insurance, succession law, industrial disputes or disputes where proceedings have not yet begun.

Book Janelle for your mediation

Janelle can be contacted directly via email or, if urgent, on 0413 252 560.

To book Janelle for your mediation, contact Nicole Elliott, Mediation Manager:

Phone:    0466 613 358

Rooms:    13/102 Burnett Street, Buderim, Qld 4556

Post:        PO Box 872, Buderim, Qld 4556

Email:      admin@clarkmediation.com.au

Web:        www.clarkmediation.com.au