Commercial Litigation

I have been a commercial litigation lawyer for over 20 years. I have conducted matters for individuals, businesses and even the government in many different jurisdictions. My specialties are corporate insolvency and bankruptcy but in reality my practice is a lot more diverse than that. While the Equity and Corporations Lists of the Supreme Court of NSW are where you will often find me, I am also regularly instructed in family law, family provision and migration matters. I often appear in both the District and Local Court as well as the various state (NCAT) and federal tribunals (AAT).

 

 

Dispute Resolution

I am currently completing my masters degree in Dispute Resolution at the UNSW and I am a NSW Bar Association accredited arbitrator. I have been involved in many mediations as advocate and also as mediator. There is currently no mandatory requirement for mediator accreditation and I am currently not accredited. However, in acting as a mediator I bring my life experience (including my career before law) and my knowledge of the principles of dispute resolution to that role. I will accept instructions to act as mediator, arbitrator or facilitator or to represent you or advise in respect of one of those processes

Migration

I have been registered as a migration agent since 2001 and am one of a handful of barristers who have dual registration.

Decisions to refuse or cancel a visa are usually subject to a right of merits review. If you need help with a merits review application you should have a look at my migration agent website. If you have been unsuccessful in merits review and you want advice on whether there are grounds for judicial review then I can assist you. I’d also be pleased to assist if you have an adversarial matter in the AAT (e.g. a character cancellation matter).

My Qualifications

 

1983 BSc (Hons) (Chemistry) University of Queensland
1988 MSc (Hons) (School of Earth Sciences) (Macquarie University). Thesis entited “The kinetics of heavy metal adsorption onto a natural stream sediment”
1995 Dip Law (LPAB)
2001 Registered as a Migration Agent (0101077)Member of the Migration Institute of Australia
2002 Graduate Certificate in Insolvency Practice (University of Southern Qld)
2004 Master of Laws (University of Sydney)
In progress Master of Dispute Resolution (UNSW)

Between 1983-1996 I worked as an industrial chemist in research, in chemical manufacturing and in the food industry.

I was admitted to practice as a legal practitioner on 5 July 1996 and commenced practice as a barrister in October 2006.

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

 

Some of My 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