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Paul Carroll

Paul Carroll is one of Australia’s leading and most experienced property lawyers.

The Great Grandson of the original founder of the firm, Paul is proud of the uniquely caring culture of Carroll & O’Dea Lawyers and the outstanding professionalism of the team of lawyers and support staff.

With 30 years experience in property law, Paul specialises in the areas of property retail & commercial leasing and large-scale shopping centre redevelopment.

Paul is accredited as a specialist in property law by the Law Society of NSW. He services a large group of corporate clients which reads like the who’s who of the Sydney property world and includes Lend Lease, and General Property Trust.

Paul acts for both landlords and tenants across New South Wales, Victoria, Queensland and the Northern Territory. This experience has enabled him to acquire a significant depth of experience in the drafting, interpretation, negotiation and mediation of leases and tenancy disputes.

Paul also practices in the areas of environmental law, planning and business services.

Areas of Practice:

  • Property law (Accredited Specialist), environmental & planning law and business services.

Publications:

  • Business Matters Newsletter - June 2012
    Published 27 Jun 2012
    Welcome to the first edition of ‘Business Matters’, a newsletter for Carroll and O’Dea business clients and friends.
  • The NEW Personal Property Securities Act – What it means for Landlords
    Published 12 Sep 2011
  • Elephant In Your Kitchen
    Published 11 May 2011
    A recent decision by the Administrative Decisions Tribunal demonstrates that bistros run by third parties in clubs and hotels may come under the the Retail Leases Act. Which means their term may be automatically extended to 5 years.
  • Property Law Update Retail Leasing November 2009
    Published 01 Nov 2009
    Assignment of retail lease – if it wobbles like a duck and quacks like a duck. A landlord refused to consent to assign on the basis that the Assignee would be changing the use to which the shop was put. The Tribunal agreed and the refusal was upheld.
  • Property Law Update - Retail Leasing - October 2009
    Published 01 Oct 2009
    OH&S and fitout works in leased premises – principal contractors. A quick and brief overview of some of the OH&S issues associated with fitout works in leased premises – an important area of consideration for Lessors and Lessees.
  • Property Law Update September 2009
    Published 01 Sep 2009
    Misleading and deceptive conduct and unconscionable conduct. When does an agent or manager go too far in attempting to secure a commercial outcome for a landlord? This newsletter looks at a recent case where the manager’s conduct was misleading and deceptive and unconscionable and the landlord and manager were penalised as a result.
  • Property Law Update August 2009
    Published 01 Aug 2009
    What is compensation for fitout? The New South Wales Supreme Court had to determine what is ‘compensation for the fitout’ which a Lessor is required to pay a Lessee when the Lessor terminates a lease under a demolition clause – we look at lessons from that decision.
  • Property Law Update July 2009
    Published 01 Jul 2009
    Licences can be a retail shop subject leases too. A recent decision in the NSW ADT reinforces earlier Court decisions that a licence granted for use of space by a retail shop business will itself be a retail shop lease and will be subject to the provisions of the Retail Leases Act 1994 (NSW) – including the minimum five year term.
  • Property Law Update June 2009
    Published 01 Jun 2009
    Invalid Relocation Notice A short note on a case from the Victoria Tribunal which found that a Relocation Notice served under the Victorian Retail Leases Act was invalid as it did not contain sufficient details for the alternate premises and because the alternate premises were commercially disadvantageous for the tenant.
  • Property Law Update May 2009
    Published 01 May 2009
    Key points in Relocation and Demolition under the NSW Retail Leases Act. This newsletter investigates court interpretations of key terms within the NSW Retail Leases Act including ‘vacant possession’, ‘genuine proposal’ and ‘alternative premises’. These are all crucial components of the legislation in relation to a landlord terminating a retail lease using a demolition or relocation clause. 

Key Professional Achievements:

  • Paul has a Bachelor of Arts and a Bachelor of Laws degree from the University of Sydney.
  • He was admitted to the Supreme Court of New South Wales in 1986.
  • Paul joined the firm in 1986 and became a partner in 1992.
  • He was accredited as a specialist in Property Law by the Law Society of NSW in 2003.
Practice Areas
Alcoholic Beverage Law
Construction Law
Equipment Finance and Leasing Law
Franchises and Franchising Law
Housing Law
Leases and Leasing Law
Mortgage Law
Property Law
Zoning, Planning and Land Use Law
Establish Business Law