10 Hours in One Day for Litigation and Disputes Lawyers
213NZA19: Hear from experts across the spectrum of legal disputes as they provide you with the key updates and essential skills to managing family law, estates and employment disputes effectively. You will examine commercial litigation hotspots including contract, insurance and insolvency. Consider how you can get the most out of commercial mediation and receive practical guidance on evidential issues, and class actions. Attend the full day or choose the sessions that interests you.
Description
Attend and earn 10 CPD hours
Session 1
Family, Relationship Property and Estates Disputes
Chair: Alex Ashmore, Barrister, Ponsonby Chambers
7.30am to 8.30am Recent Case Law: Relationship Property
Consideration of recent cases decided by the High Court and Family Court under the Property (Relationships) Act 1976, in particular, the following areas:
- Section 13: Exception to equal sharing
- Section 17: Sustenance of separate property
- Section 9A: Increase in value of separate property
- Section 21J: Setting aside relationship property agreements
- Section 21H: Giving effect to oral agreements
Presented by Sharon Chandra, Partner, Turner Hopkins
8.30am to 9.30am Estates Litigation: Critical Updates
- Burying the deceased
- Lodging a caveat in the High Court
- Capacity/undue influence issues
- Family Protection Act: recent decisions
Presented by Calina Tataru, Senior Associate, Simpson Grierson
9.30am to 10.30am Navigating Trans-Tasman Family Law Disputes
- Types of issues which arise
- Key differences between the Australian and New Zealand jurisdictions
- In which jurisdiction should the case be determined: Comparison of potential outcomes
- Impact of the Trans-Tasman Proceedings Act 2010
Presented by Vanessa Leishman, Principal, Leishman Legal
Learning Objectives:
- Consider recent and significant relationship property division cases
- Reflect on the latest updates and developments in estates litigation
- Receive guidance on the key issues arising from Trans-Tasman family law disputes
Session 2
Commercial Litigation Hot Spots
Chair: Anita Killeen, Barrister, Quay Chambers
10.45am to 11.45am Contract Disputes: Contract and Commercial Law Act 2017
- Update on claims for damages for misrepresentation under s35 CCLA
- Establishing misrepresentation by silence
- Exclusion and limitation of liability clauses: ss 34 and 50 CCLA, case law update
Presented by Ben Russell, Partner, Lane Neave
11.45am to 12.45pm Insurance and Commercial Case Update
Examine recent insurance and commercial cases and key takeaways to incorporate into your practice.
Presented by Oliver Collette-Moxon, Barrister, Princes Chambers
12.45pm to 1.15pm Lunch
1.15pm to 2.15pm Insolvency Update
- A summary of 2020’s key developments
- A review of emerging trends both in terms of case law and insolvency processes
- Lessons learned from 2020
- 2021 and what it holds for the insolvency profession
Presented by Philip Shackleton, Partner, Meredith Connell
2.15pm to 3.15pm How to Get the Most out of Commercial Mediation
Join Hayden Wilson and examine how you can get the most out of mediation as an advocate.
Presented by Hayden Wilson, Partner and Mediator, Dentons Kensington Swan
Learning Objectives:
- Receive an update on claims for damages for misrepresentation under the Contract and Commercial Law Act 2017
- Reflect on recent insurance and commercial cases and consider the practical implications
- Examine developments and emerging trends in insolvency
- Gain valuable tips on improving your advocacy skills in mediation
Session 3
Evidential Issues, Class Actions and Employment Case Update
Chair: Philip Skelton QC, Bankside Chambers
3.30pm to 4.30pm Evidential Issues in Litigation: Preparation through to Presentation
- The briefing process
- Admissible evidence
- Challenging inadmissible evidence
- Waiver of privilege
- Preparing witnesses to give evidence
- Duties in cross-examination
Presented by Sarah Wroe, Barrister, Eldon Chambers
4.30pm to 5.30pm PANEL DISCUSSION: Class Actions
Class action litigation in New Zealand is the definition of a growth industry. Keep apace in this bourgeoning area with a look at the most important issues and the latest developments in the rules governing class actions.
Panellists
Kate Sheehan, Director, Kate Sheehan Lawyers
Callum McLean, Director, McLean Law
Carter Pearce, Junior Barrister, Bankside Chambers
5.30pm to 6.30pm Employment Law: Update on Recent and Significant Cases
Take a look at recent significant employment cases and developments over the last year, and consider the implications for your practice.
Presented by Laura Briffett, Senior Associate, LangtonHudsonButcher Lawyers
Learning Objectives:
- Benefit from essential practice guidance on the evidential issues in litigation
- Consider the developments and key issues arising in class actions in New Zealand
- Stay up to date on the latest employment law cases and developments over the last year
Presenters
Alex Ashmore, Barrister, Ponsonby Chambers
Alex was admitted as a barrister and solicitor in 1990. He practiced as a solicitor for approximately 17 years – 12 of these as a partner in a firm in Waitakere City. Alex became a Barrister in 2007 and has been practicing in Central Auckland since that time. Alex’s practice is focused on Family Law including Relationship Property, Family Protection matters and cases involving children. Alex has a particular interest in cases involving the Hague Convention on International Child Abduction and has appeared as counsel in the Family Court, High Court and Court of Appeal in such cases. Alex also regularly acts in appeals from the Family Court.
Sharon Chandra, Partner, Turner Hopkins
Sharon practices in all areas of family law, with a focus on relationship property litigation and trust and estate disputes. Sharon provides specialist advice as to the best manner in which to protect assets when entering into a relationship and division of assets upon separation or death. Sharon is a contributor to the legal research service, Westlaw and has been appointed as a Regional Representative of the Family Law Section of the New Zealand Law Society. Sharon has also published family law articles in various legal publications, including Lawtalk and the Family Advocate, and is frequently interviewed by media outlets, such as Newstalk ZB, to comment on topical family law issues.
Vanessa Leishman, Principal, Leishman Legal
Vanessa has practised family law for more than 25 years in both Australia and New Zealand. Vanessa is the principal of Leishman Legal in Brisbane, practising in all areas of family law. Uniquely, Vanessa represents clients in both Australia and New Zealand and regularly travels back and forth between the two countries to appear in family law proceedings. Vanessa’s work includes a wide range of complex property and parenting matters and frequently matters involving family violence and child protection. Vanessa’s international experience also sees her regularly involved in cross-border disputes, in particular, Trans-Tasman disputes involving complex legal issues.
Calina Tataru, Senior Associate, Simpson Grierson
Calina Tataru holds a BA/LLB (Hons) (University of Canterbury) and joined the family law team at Simpson Grierson in 2016. Previously Calina worked for a boutique litigation firm and as a District Court research counsel where she developed extensive knowledge of family law and court processes. Calina mainly advises clients on relationship property and care of children issues but also acts for clients involved in estate litigation and contentious leasing matters. Calina enjoys assisting her clients achieve resolutions to long-standing family disputes, and brings a pragmatic approach to her practice.
Anita Killeen, Barrister, Quay Chambers
Anita Killeen is a Barrister, Independent Director, and Commercial Mediator with over 20 years’ legal experience. Anita specialises in financial crime & fraud, civil & criminal litigation and governance & decision-making. Anita is the former Chief Prosecutor of the Serious Fraud Office and holds governance roles in the legal, financial, local government, education, health and NFP sectors including having served as a Visiting Justice, a member of the NZ Legal Aid Tribunal, Chair of the Auckland Regional Amenities Funding Board, Deputy Chair of Ngāi Tai ki Tāmaki's Commercial Investment Board, Director of UNICEF New Zealand, Director of Domain Name Commission Ltd, and as a Director of SPCA Auckland, Fertility NZ and NZ Career College.
Ben Russell, Partner, Lane Neave
Ben is a litigation specialist with broad expertise in commercial litigation and insolvency. He regularly advises clients on a range of commercial issues, including contractual, property, trust, fair trading, and shareholder disputes. Ben often gives advice to business involved in the agriculture, tourism, commercial property and financial services sectors. He has been involved in advising administrators, liquidators, receivers, secured lenders and other stakeholders in complex corporate insolvencies, particularly in relation to contentious aspects. Before joining Lane Neave in 2008 he was at another national New Zealand Law firm in Auckland and before that he spent 4 years at a national firm in Sydney, Australia.
Oliver Collette-Moxon, Barrister, Princes Chambers
Oliver is a civil and commercial barrister with two decades of litigation experience in New Zealand and the UK. He has expertise in a wide range of areas including construction, insurance, fraud, banking and finance, local and cross-border trade, insolvency, company and shareholder disputes, and injunctive relief. Many of his cases have an insurance angle, including those involving land and buildings. He regularly represents clients in first-instance and appellate courts, and in arbitrations.
Philip Shackleton, Partner, Meredith Connell
Phil is a Partner in Meredith Connell’s Insolvency, Recoveries and Enforcement Group. He is a specialist banking, finance, and insolvency litigator with over 15 years’ experience acting for receivers, liquidators, banks, and other financial institutions. He regularly advises on both contentious and non-contentious matters. Phil's expertise includes receiverships, liquidations, security enforcement, priority disputes, banking litigation and debt recovery. He has experience across a wide range of industry sectors, including residential and commercial property, dairy, construction and asset-based lending. Phil regularly advises on and advances director’s duties claims as part of his practice.
Hayden Wilson, Partner and Mediator, Dentons Kensington Swan
Hayden leads the Wellington litigation team, specialising in public, regulatory and commercial litigation. Hayden works across the range of public law disciplines including core administrative public law issues, advice on legislative obligations, and judicial review in the public sector. Hayden is recognised as a leading litigator and a skilled mediator, and boasts extensive experience dealing with complex commercial and public law disputes. Hayden and his team provide crisis management support and advice in relation to government or regulatory investigations, inquiries or prosecutions. Hayden trained as a mediator through the Resolution Institute in New Zealand, and at the Straus Institute for Dispute Resolution at Pepperdine University in California.
Philip Skelton QC, Bankside Chambers
Philip Skelton QC is a barrister specialising in commercial litigation, employment law, shareholder disputes and public inquiries. Philip is one of the leading class action lawyers in New Zealand. His interest in group litigation began in 2001 while he was a partner at Russell McVeagh when he acted for a plaintiff group to successfully pursue claims against various global pharmaceutical companies involved in a multi-national vitamin price fixing cartel. Philip was admitted to the Bar in 1983 and commenced practice as a barrister sole in 2006 after 14 years as a Russell McVeagh partner. He was made a QC in 2013. Philip’s litigation experience includes frequent appearances in the Employment Court, High Court, Court of Appeal and in the Supreme Court.
Sarah Wroe, Barrister, Eldon Chambers
Sarah Wroe MA (Hons) (Cantab) has been a litigator since 1998 when she began her career as a barrister in England. She started practising as a solicitor in New Zealand in 2011 and has been at the independent bar since 2017. Sarah acts for a broad range of clients primarily in property-related disputes covering building defects and construction contracts, unit title disputes and issues arising from the ownership, sale and purchase or leasing of property. She has also acted for insurers and policyholders in insurance litigation with a particular focus on property damage and professional indemnity insurance. Her general litigation practice covers contractual disputes and emergency applications. She is on the Legal Assistance panel of the Sports Tribunal of New Zealand and is a member of the Property Law Section of the Auckland District Law Society the Training Committee for the Bar Association and an adjunct instructor in civil litigation and advocacy for the College of Law.
Kate Sheehan, Director, Kate Sheehan Lawyers
Kate has extensive experience in insurance claims, construction and property disputes having previously worked for firms acting for insurers and insureds. In particular, Kate was heavily involved in insurance claims following the Canterbury earthquake events and more recently the Kaikoura earthquake and flooding and stormy weather events. Kate has a particular interest in class actions, representative actions and litigation funding. Kate has a law degree from the University of Otago and was admitted to the bar in New Zealand in 2002.
Callum McLean, Director, McLean Law
Callum is an experienced litigator, specialising in civil and family matters. Callum assists clients through both small and large-scale disputes through the courts, and using alternative dispute resolution. Callum is interested in client access to litigation, particularly in the rising importance of class actions as a route for achieving justice. Callum’s experience in dealing with both clients, in often complex situations, has fostered his interest in such actions. While still a relatively underutilised legal tool in New Zealand, class actions are gradually earning recognition as valuable mechanisms for groups to access justice. Callum sees their growing importance in the local legal environment as important to understanding the range of avenues available for clients.
Carter Pearce, Junior Barrister, Bankside Chambers
Carter specialises in the growing field of class actions. Recently he appeared in the Supreme Court in the Ross v Southern Response class action on behalf of around 3,000 homeowners allegedly induced to settle their earthquake claims for substantially less than they were entitled to, as a result of misleading and deceptive conduct by their insurer. He also acts in one of two class actions brought by shareholders against the formerly listed company CBL Corporation (now in liquidation). In addition, Carter also works on other disputes of all shapes and sizes, including contract, construction, employment, insurance, real estate and trust litigation. He has appeared in courts and tribunals at every level, including the Supreme Court and Court of Appeal.
Laura Briffett, Senior Associate, LangtonHudsonButcher Lawyers
Laura has broad experience in employment and commercial law, and her work as an in-house lawyer means that her advice is commercial and pragmatic. She has assisted with litigation in the Employment Relations Authority, Employment Court and High Court, represented clients at mediation, and advised on a range of individual and collective employment relations matters, including strikes, lockouts and bargaining. Laura has a particular interest in assisting employers to protect their proprietary interests against departing employees, and has advised on search orders, team move issues and the enforcement of restraints of trade.
Venue
Cliftons
Level 4/45 Queen Street
Auckland CBD
Auckland 1010
New Zealand
Parking
Parking is not included in your registration. Nearby options are:
- Downtown Carpark (4 min walk) Click here for rates
- Britomart Carpark (10 min walk) Click here for rates
Directions
CLOSEST TRAIN STATION - Britomart Station, 600m (5 min walk)
CLOSEST BUS STOP - Multiple stops on Queen St and Customs St (1 min walk)