Paul Tothill

Barrister and Mediator

Paul Tothill Barrister

ABN 28 161 393 007


Level 2, Suite 215

147 Pirie Street,

Adelaide SA 5000

Paul Tothill was admitted to practice in South Australia as a Barrister and Solicitor on 1 September 1997 and by the High Court of Australia on 28 October 1997.


He practiced at the Independent Bar at Wright Street Chambers from 1998 to 2005. From 2006 he has practiced as a Barrister whilst simultaneously being engaged in public speaking and mentoring in leadership, ethics and development of church organisations with a strong interest in human rights. He has developed practical experience in dispute resolution and mediation in a wide range areas of general commercial and contract law, employment and leadership. He is currently seeking professional accreditation as a mediator from NMAS.

PROFESSIONAL EXPERIENCE


Paul’s primary area of practice and experience is in the area of criminal law. He has appeared as counsel in the Magistrates, District and Supreme Courts, the Industrial Commission and before Tribunals. He has been" junior" counsel with "senior" counsel and acted as a" senior-junior" in murder trials, conducted defence trials with respect to Commonwealth fraud and importation matters, and a wide range of criminal matters in the District and Supreme Courts of South Australia. He has conducted appeals in the Supreme Court and the Court of Criminal Appeal. He has received briefs from the South Australia DPP to conduct trials in the District Court and Australian Customs in the Supreme Court and Magistrates Court.


Paul has provided opinions with respect to professional ethics, and search and seizure in criminal prosecutions, responsibilities of fiduciaries and dispute resolution. He has presented papers with respect to developing culture in legal practice and legal ethics and he has been engaged as counsel to negotiate employment and intellectual property contracts in the entertainment industry.


Paul has an interest and growing experience in civil litigation, commercial and contract law, employment law, professional ethics and sporting law. He is well versed in ecclesiastical ethics and protocols relating to church leadership and dispute resolution in that sphere.


EDUCATION


Paul studied Politics at the University of Adelaide, receiving an Ordinary Degree of Bachelor of Arts on 2 May 1991 and a Bachelor of Arts with honours on 4 May 1992 . He received a recommendation to subsequently engage in Doctoral studies in the field of “Accountability of Police in South Australia” arising from his honours thesis at the University of Adelaide. After initially commencing his canditature, he intermitted his studies to concentrate on the practice of law.


He studied Law at Macquarie University in Sydney receiving a Degree in Bachelor of Legal Studies with honours on 14 May 1997. He also received admission to Golden Key Scholarship for academic achievement.


He completed a Graduate Certificate in Legal Practice at the University of South Australia and was duly admitted to practice. He has had experience as a member of SA Police in various roles as an investigator and finally in Prosecution.


AVAILABILITY


Counsel


Paul is available to receive briefs as a Barrister appearing as counsel in court mediations and other forums, and counsel in the areas of his experience and interests as set out above.


Mediation


Paul is available as a mediator for a wide range of mediations including non-legal disputes and conflicts and matters likely to proceed to litigation or currently being litigated.


Mediators provide various models of mediation and dispute resolution. Mediators do not normally act as advisers or those who determine outcomes. Instead they consider the interests of the parties and facilitate a process of dispute resolution that considers a broad range of matters including, but not limited to, legal rights and interests, that empowers the parties to be heard and determine outcomes with their legal advisors.


The current emphasis in the South Australian Uniform Civil Rules 2020 and requirements of professional conduct rules support the use of mediators and mediation.


The Australian Solicitor Conduct Rules, 3.1,4.1,7.2 and SA Barrister Rules 37 (a) and (b) and 39, together with a lawyers fiduciary duty to their client and the Uniform Civil Rules 2020, 3.1 and 61.1 relating to pre-action steps, claim, response, meeting and mediation are important considerations for legal practitioners when considering mediation.


Public speaking


Paul is available for public speaking and training in the areas of his interest and experience.


Please use the contact form on this site for inquiries to engage Paul by going to the "contact" tab.


MEMBERSHIPS


Member of the Law Society of South Australia


ARTICLES AND CASES


Monthly blog


The blog is essentially a brief overview of cases being decided in the Court of Appeal and the Full Court of the Supreme Court of South Australia and other areas of law and practice.