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.

A Barrister's Blog

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)
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
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
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