by Paul Cutler | Jul 22, 2022 | Mediation
Suppose after a tiring day at the office you return home to find your two children engaged in a squabble in the living room over the last remaining chocolate bar. The solution is obvious – cut it in half. However, if you were a facilitative mediator you might ask each of the children why they wanted it. You might also find that child#1 says they want a snack, but child#2 says they want the wrapper because it contains details of a competition they want to enter. That would lead to a different solution with a better outcome for both.
by Paul Cutler | Nov 16, 2014 | Article
As well as appearing as an advocate in a number of judicial review cases, I have also been a regular presenter on this topic (in the context of migration decisions).
“Judicial review is neither more nor less than the enforcement of the rule of law over executive action; it is the means by which executive action is prevented from exceeding the powers and functions assigned to the executive by law and the interests of the individual are protected accordingly”
Download a copy of the paper: Judicial Review of Migration Decisions.
by Paul Cutler | Nov 16, 2014 | Article
The purpose of this paper (which I first presented in 2009) is to provide an “executive summary” of some of the issues (and pitfalls for the unwary) that arise in statutory demand cases.
Download a copy of the paper: Statutory Demands: Some practice tips & pointers.
by Paul Cutler | Nov 16, 2014 | Article
One of the purposes of family law is to ensure that there is a fair and equitable distribution of matrimonial property between the parties to a marriage. The primary purpose of bankruptcy law has always been to realise the bankrupt’s property and distribute it for the benefit of unsecured creditors. Where the two intersect has always raised difficult questions of law, procedure and policy, which have in turn caused headaches (and probably heartaches) for litigants, judges, lawyers and trustees in bankruptcy.
Download a copy of the paper: Bankruptcy and Family Law.
by Paul Cutler | Nov 16, 2014 | Article
I initially presented this paper as workshop on behalf of Legalwise. It gives a brief overview of some of the basic principles of res judicata, issue estoppel and the effect of releases.
Download a copy of the paper: Documenting a settlement.
