About me
Paul Cutler
Mediator, Arbitrator and Barrister
Admission as a Legal Practitioner: 5 July 1996
Called to the bar: 6 October 2006
Mediation & Arbitration
I am an AMDRAS (formerly NMAS) accredited mediator and I have a masters degree in dispute resolution from the UNSW. I am committed to assisting parties to resolve their disputes. Often this is through negotiation and at other times it is through facilitative processes such as mediation. I am a skilled negotiator and I have represented parties at many mediations.
As a mediator I have pro-active and personable style. I will assist parties to explore options and to be creative in their approach to possible settlement options. I bring many years of professional (and life) experience to that role, together with my knowledge of the principles of dispute resolution.
I am also an accredited arbitrator. I endeavour to provide a cost effective service which is proportionate and appropriate to the issues which are in dispute.
Barrister
While I have a diverse practice and accept instructions in many jurisdictions, I have been providing migration assistance since 2001. Although I can still assist and advise on visa applications, my specialty is in dealing with visa refusals or cancelations and decisions not to revoke a cancellation on character grounds. I can assist in the preparation of evidence and the drafting of submissions either for the Minister’s delegate or the AAT. I can of course, appear in the AAT or in the courts if a judicial review application is made. There is more detail about my migration law practice on my other website: www.paulcutler.com.au .
I have many years of experience as a general commercial litigator with particular expertise in insolvency.
Some of my cases….
Migration
SZKOT v MIC [2007] FMCA 1738
Inamata v MIMC [2008] AATA 695 (Character cancellation under s501 Migration Act)
Chidbundid v MIC [2012] FMCA 59 (Proof of service of documents)
SZRTN v MIC [2013] FCCA 583
Khan v MIBP [2013] FCCA 2253
SZTNY v Minister [2015] FCCA 239
Thakur v Minister for Immigration [2015] FCCA 3038
DEB v Minister for Immigration [2016] FCCA 3351
Nduta v MIBP [2016] FCA 1596
SZVBC v Minister for Immigration [2016] FCCA 3205
Tran v Minister for Immigration [2016] FCCA 1984
CTS15 v Minister for Immigration [2017] FCA 753
AZH15 v MIBP [2017] FCA 97
SZVIA v Minister for Immigration (No 2) [2018] FCCA 1265
General Commercial
Mansfield v Ghadie [2008] FMCA 1489 (Trustee in bankruptcy – unpaid vendors’ lien)
Heilbrunn v Lightwood [2007] FCA 1518 (Admiralty)
Leasing Centre v Shepard [2011] FCA 443 (Total failure of consideration)
Day v Mercedes Benz [2011] FCA 454
Dai v Zhu [2013] FCCA 1406
Halal Certification Authority v Quality Kebabs (No 2) [2014] FCA 840 (Trade mark – additional damages)
Pascoe v Smirneos [2014] FCCA 2764 and Pascoe v Smirneos (No 2) [2014] FCCA 2765
Re Ecosave Holdings [2015] FCA 1121 and Re Ecosave Holdings (No 2) [2015] FCA 1446
Becker Vale v CEO of Customs [2015] FCA 525
LFDB v SM (No 4) [2017] FCA 753
Corporations
Hall v Poolman [2007] NSWSC 1330
Radiancy (Sales) v Bimat [2007] NSWSC 962
DCT v Concrete Contractors [2008] FCA 1339
Kassem v Commissioner of Taxation [2012] FCA 152
Kassem v Commissioner of Taxation (No 2) [2012] FCA 293
Commissioner of Taxation v Kassem [2012] FCAFC 124
In the matter of Rivercorp [2012] NSWSC 576
Commissioner of Taxation v Moodie [2014] NSWCA 59
In the matter of Ambridge Investments [2015] NSWSC 1671
PCL Holdings v Kassem [2015] NSWSC 1823
In the matter of Dream House Fashion [2015] NSWSC 2035
In the matter of Smith & Young [2016] NSWSC 1081
Sydney Constructions v Reynolds Private Wealth [2016] NSWSC 1104
In the matter of Randle Edge [2016] NSWSC 1948
Mortgages and Securities
Family Law
Yum & Wen [2010] FamCA 1086
Sim and Soh [2012] FamCA 396
Tran v Lam [2016] FCCA 177
Huynh v Nguyen [2017] FCCA 1462 (application for interim distribution refused)
Succession Act (Family Provision)
Thomas v Pickering [2011] NSWSC 572
Costs
Cufurovic v Coshott [2009] NSWSC 372
Cockburn v Shehadie [2013] NSWSC 758
Some of my publications….
Judicial Review
As well as appearing as an advocate in a number...
Statutory Demands: Some practice tips and pointers
The purpose of this paper (which I first...
Bankruptcy and Family Law – Life after the 2005 Amendments
One of the purposes of family law is to ensure...
How to document a settlement
I initially presented this paper as workshop on...
Migration Law – A beginner’s guide
In this paper which was presented as part of the...