Mastering Settlement Agreements in Commercial Disputes
With nearly all commercial disputes being resolved in settlements, drafting enforceable and effective settlement agreements are some of the most important skills you must know – and get right. Hear from specialists in commercial litigation and dispute resolution as they provide you with practical tips to overcome this challenging area of commercial practice.
Description
Attend and earn 3 CPD hours
Chair: Chris Linton, Consultant, Duncan Cotterill
9.30am to 10.30am: Drafting Impeccable Settlement Agreements
- Why settle?
- Settlement negotiations
- Drafting terms of settlement
- Tips and traps
Presented by Brad Ward, Senior Associate, Bell Gully
10.30am to 11.30am: Understanding Tax in Settlement Agreements
- How is a settlement payment treated for income tax and GST purposes?
- Apportioning settlement payments
- Settlement payments funded by insurance
- Documenting settlement agreements to achieve optimal tax outcomes
Presented by Sacha Oudyn, Special Counsel, MinterEllisonRuddWatts
11.30am to 12.30pm: Undoing Settlement Agreements: Are Full and Final Settlements Really Final?
- When can a settlement agreement be undone?
- How often do the courts overturn settlements in practice?
- Tips to ensure your settlement is final
Presented by Nina Blomfield, Senior Associate, Simpson Grierson
Learning Objectives:
- Gain practical tips on how to draft effective settlement agreements
- Consider the treatment of tax in negotiating settlement agreements
- Ensure your settlement agreement is final
Presenters
Brad Ward, Senior Associate, Bell Gully
Brad acts for clients on commercial disputes across a range of sectors, including construction, property, insurance, shareholder and corporate disputes. His recent work includes a range of contentious construction law matters, including acting for Downer in several large construction proceedings in the High Court. He is also acting for insurers in claims arising from the Canterbury earthquakes. Brad’s general commercial practice includes acting in contractual enforcement proceedings and on complex shareholder disputes, including recently on behalf of the majority shareholders of a leading oil and gas producer. Brad provides pragmatic, commercially-focused advice directed at his clients’ strategic objectives. He has successfully represented clients in the District Court, High Court and Court of Appeal and at arbitrations and mediations.
Sacha Oudyn, Special Counsel, MinterEllisonRuddWatts
Sacha is a Special Counsel in the corporate team at MinterEllisonRuddWatts. His practice primarily focuses on mergers and acquisitions, and general corporate matters, including advising on cross border transactions, shareholder arrangements, private equity deals, complex restructurings, joint ventures and transactions involving SMEs. Sacha is an expert in the use of transaction risk insurance in corporate transactions. He frequently acts for leading insurers that offer this product in the New Zealand marketplace. As well as being a corporate lawyer, Sacha has more than 15 years’ of tax experience and has regularly advised clients on the tax aspects of mergers and acquisitions, corporate reorganisations, acquisition structuring and financing arrangements, capital markets transactions and partnership tax.
Nina Blomfield, Senior Associate, Simpson Grierson
Nina is a senior associate in the litigation department at Simpson Grierson and specialises in resolving complex commercial disputes. She has specific expertise in disputes involving breach of contract, financial markets, companies law, and regulatory matters, and has a particular focus on class actions and litigation funding. She has also acted on a number of disputes in the telecommunications and energy sectors. Nina regularly assists clients to resolve their disputes through negotiation, mediation, arbitration and court proceedings. She also advises clients in relation to regulatory investigations and enforcement action.