Dispute Resolution Lawyer
The nature of the legal profession and the services offered are changing. Litigation gets longer, more complex and more expensive. Many clients are increasingly unable or unwilling to pay for litigation. Other processes for dispute resolution (predominantly mediation) are increasingly prevalant.
At the same time it is a truism that of all the proceedings that are commenced nearly all of them (in excess of 90%) settle. Over my years in commercial litigation I was always interested in what caused settlement and this ultimately led me to complete my masters degree in Dispute Resolution at the UNSW in 2019.
Apart from acting as a mediator, arbitrator and facilitator, I have been involved in many mediations as advocate over the years. 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 Law
I have been providing migration assistance since 2001 and (until the profession was deregulated in 2021) was one of a handful of barristers who were also registered as a migration agent.
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 .
Commercial Litigation
I have been practising in commercial litigation lawyer since 1996. 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 a wide range of commercial disputes as well as migration law (see above), family provision (Succession Act), family law and occasionally, crime. I often appear in the Federal Court, the Federal Circuit Court, the District and Local Court as well as the various state (NCAT) and federal tribunals (AAT).
My Qualifications
1983 | BSc (Hons) (Chemistry) University of Queensland |
1988 | MSc (Hons) (School of Earth Sciences) (Macquarie University). Thesis entitled “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) |
2019 | Master of Dispute Resolution (UNSW) |
2019 | Accreditation as mediator under NMAS |
2019 | Arbitrator grade 3 (Resolution Institute) and accredited by NSW Bar Association |
2022 | Appointed Costs Assessor |
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.
Professional Memberships
- NSW Bar Association
- Resolution Institute
- Migration Institute of Australia
- Australian Facilitators Network
My Blogs
I am a regular blogger. I write an Australian Migration Case Law blog and also “A Barrister’s Blog” which looks at the lighter side of law. Let me know if you want to be on the (free) distribution list for either.
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
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 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)
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
General Commercial (Incl Mortgages)
Succession Act (and Family Provision)
Thomas v Pickering [2011] NSWSC 572
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)
Costs
Cufurovic v Coshott [2009] NSWSC 372
Cockburn v Shehadie [2013] NSWSC 758