You can download a PDF version of this CV:  Paul Cutler CV.

PAUL CUTLER – CURRICULUM VITAE

Admission

Admission as a solicitor: July 1996

Called to bar: November 2006

Qualifications

  • 1983 BSc(Hons)(Chemistry) (University of Queensland)
  • 1988 MSc(Hons)(Chemistry) (Macquarie University)
  • 1995 Dip Law (LPAB)
  • 2001 Registered as a migration agent (0101077)
  • 2002 Graduate Certificate in Insolvency Practice (University of Southern Queensland)
  • 2004 LLM (University of Sydney)
  • Member of ARITA (formerly Insolvency Practitioners Association)
  • Member of the Migration Institute of Australia (MIA)

Experience (Industrial Chemistry)

From 1983 until 1996 I worked as an industrial chemist. I held a CSIRO postgraduate studentship to research waterways polluted by abandoned mine sites. I have also worked as a chemist in chemical manufacturing, scientific instrument sales and service as well as in the food industry.

Experience and areas of practice (Legal)

My practise as a solicitor was almost exclusively in commercial litigation and experience was gained in a number of mid-tier firms in the Sydney CBD including:

  1. The Argyle Partnership;
  2. Walker Insolvency Lawyers;
  3. Michell Sillar Attorneys (now HWL-Ebsworths); and
  4. PH Legal Pty Limited (where I was the solicitor director).

Instructions in all jurisdictions are accepted but my particular expertise is in the following areas of practice:

  • Bankruptcy;
  • Corporate insolvency;
  • Equity & general commercial matters (including other matters under the Corporations Act);
  • Immigration and administrative law; and
  • Family Law.

I have acted for bankruptcy trustees and liquidators (as well as directors and other defendants) in various matters under the Bankruptcy Act and the Corporations Act. These include investigative matters such as public examinations, as well as proceedings to claw back assets for the benefit of creditors. Many of these proceedings were conducted in the Supreme Court, Federal Court or the commercial list of the District Court.

Although insolvency is an area of specialisation, I have also appeared in, and advised on a wide variety of commercial disputes including matters involving matrimonial property, admiralty and tax.

I have also assisted unsuccessful visa applicants with merits review cases in the MRT and judicial review matters in the Federal Magistrate’s Court.

I have also acted as mediator and am currently undertaking postgraduate study in dispute resolution.

I am a workshop leader in the ARITA education program and also regularly present on the subject of judicial review of immigration decisions in the continuing professional development program conducted by IARC/MIA .

I am volunteer in the Bar Association’s Legal Assistance Scheme and am a member of several pro-bono panels.

Extra-curricular activities

Tennis, swimming and playing the violin.

Referees

To be provided on request.

Cases
Administrative Law

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

General Federal Law

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)

Dai v Zhu [2013] FCCA 1406

Halal Certification Authority v Quality Kebabs (No 2) [2014] FCA 840 (Trade mark – additional damages)

 

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

Commercial - general and mortgages

NAB v Hunter [2013] NSWSC 71

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

Succession Act (Family Provision)

Thomas v Pickering [2011] NSWSC 572

Family Law

Sim and Soh [2012] FamCA 396

Yum & Wen [2010] FamCA 1086

Costs

Cufurovic v Coshott [2009] NSWSC 372

Cockburn v Shehadie [2013] NSWSC 758