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.

Professional Memberships

  • NSW Bar Association
  • Resolution Institute
  • Migration Institute of Australia
  • Australian Facilitators Network

Accreditations

  • Arbitrator (NSW Bar Association and Resolution Institute)
  • Mediatior (AMDRAS from 1 July 2024)

My CV

Download my CV for more information –

Paul Cutler CV

 

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 

EPA v Hill [2017] NSWLEC 72
Surgibit IP Holdings v Ellis (No 2) [2017] NSWSC 1379 and (No 3) [2017] NSWSC 1479
Szeto v Situ [2017] NSWCA 138
Szeto v Situ [2017] NSWSC 1554
Huang v Ceylan [2018] NSWSC 306 
Reliance Financial Services v Allyma Express (No 2) [2018] NSWSC 1776 and (No 3) [2019] NSWSC 511
Cole v Raykir Holdings [2019] NSWSC 1017
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
NAB v Hunter [2013] NSWSC 71 and NAB v Hunter (No 2) [2013] NSWSC 763
Trust Co. Fiduciary Services v Hassarati [2011] NSWSC 577
Trust Co. Fiduciary Services v Hassarati (No 2) [2011] NSWSC 1396
Trust Co. Fiduciary Services v Hassarati (No 3) [2012] NSWSC 979
Trust Co. Fiduciary Services v Hassarati (No 4) [2012] NSWSC 1438
Tarrant v Statewide Secured Investments [2012] FCA 582
Tarrant v Statewide Secured Investments [2011] NSWCA 248
Hawkins v Kingsway Group [2009] FCA 1073 and 1335
Hawkins v Kingsway Group (No 2) [2009] FCA 1336
Hawkins v Kingsway Group [2009] NSWCA 399
Kingsway Group v Hawkins [2010] FMCA 403
Huang v Fu [2011] NSWSC 316 (Constructive trust)
Woolf v 52 Birriga Road [2012] NSWSC 921
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….