Evidence and Advocacy for Civil and Commercial Litigators
Courtroom litigation is a dynamic process, but the key to your client’s success lies in effective evidence and your ability to persuade the bench. This masterclass offers tips on crafting effective written and oral submissions, high level cross-examination techniques, strategies to overcome the challenges of re-examination and insights on advocacy in mediation. Develop strategies for clear and effective expert evidence, gain insight into the latest cases plus implied waiver of privilege. 216NZA07
Description
Attend and earn 7 CPD Hours
Session 1
Practical Advocacy Skills for Success
Chair: Nicky Hall, Special Counsel, Simpson Grierson
9.00am to 9.05am Opening Comments by the Chair
9.05am to 10.05am Crafting Effective Written and Oral Submissions
Receive practical guidance on crafting effective written and oral submissions.
Presented by Martin Dillon, Barrister
10.05am to 11.00am Overcoming the Challenges of Re-Examination
- The rules of re-examination
- When to do it
- How to decide what to ask
- How to formulate the question
Presented by Rob Latton, Barrister, FortyEight Shortland Chambers
11.00am to 11.15am Morning Break
11.15am to 12.15pm Enhancing Your Cross-Examination
- Why cross examine?
- Topics for cross-examination
- Preparation
- Effective cross-examination techniques and styles
- Cross-examination of expert witnesses
- How to undermine or discredit the witness
- Identifying and exposing inconsistencies
- Controlling the witness to elicit the appropriate response
Presented by Dan Parker, Barrister, Capital Chambers
12.15pm to 1.15pm Top Tips for Lawyers for the Best Outcome in Mediation
Providing practitioners with a general overview of mediation, tactical awareness of how to approach mediation, and how to get the best out of mediation for your client.
- An overview of mediation
- Confidentiality
- Benefits to the parties
- Creative solutions
- Mediation preparation:
- Discussion points for your client
- LIM
- BATNA
- What matters most to your client
- In mediation:
- Offers likely to offend
- Calculated anchored offers
- Brainstorming
- Mediator and client only discussions
- To zoom, or not to zoom?
Presented by Darren Rawlins, Mediator, Focus Mediation
Learning Objectives:
- Understand the craft of effective written and oral submissions
- Consider the rules of re-examination
- Enhance your cross-examination skills
- Gain valuable tips on improving your advocacy skills in mediation
Session 2
Evidence Masterclass
Chair: Laura O’Gorman, Barrister, Bankside Chambers
2.00pm to 3.00pm Strategies for Clear and Effective Expert Evidence
- Identification and assessment of expert witnesses
- Briefing expert witnesses
- Preparing expert witnesses for trial
- Examination-in-Chief and Cross-Examination with Expert Witness
Presented by Jacque Lethbridge, Partner, Martelli McKegg and Grant Graham, Partner, Calibre Partners
3.00pm to 3.15pm Afternoon Break
3.15pm to 4.15pm Admissibility of Evidence in Contract Disputes: Recent Cases
- Recent case law developments in relation to the admissibility of extrinsic evidence
- Practical examples from the Courts
- Practical guidance for briefing witnesses and preparing for trial
Presented by Kate Cornegé, Partner, Tompkins Wake
4.15pm to 5.15pm Implied Waiver of Privilege and Inadvertent Disclosure
- What is privilege and when is privilege established?
- In what circumstances can a privileged document be referred to without waiver?
- When common interest privilege goes wrong – joint expert instruction
- Accidental disclosure of privileged documents – what do I do when I’ve disclosed them and the recipient of them?
Presented by Brad Cuff, Barrister, Capital Chambers
Learning Objectives:
- Receive practical guidance on presenting effective expert evidence
- Reflect on recent case law developments in relation to the admissibility of extrinsic evidence in contract disputes
- Discuss privilege and the options practitioners have in the accidental disclosure of privileged documents
Presenters
Nicky Hall, Special Counsel, Simpson Grierson
Nicky is a senior litigator with over 25 years’ experience in commercial and civil litigation. Nicky acts on a wide range of commercial disputes. Nicky has specialist expertise in property litigation, Public Works Act compensation, rent review and contractual and commercial disputes. She regularly appears in Court including specialist tribunals such as the Land Valuation Tribunal and the Maori Land Court. She has also conducted numerous mediations on behalf of her clients. Nicky is currently acting as the lead legal negotiator for City Rail Link in relation to its below ground acquisition programme. She is a faculty member of the NZLS Litigation Skills Programme.
Martin Dillon, Barrister
Martin enrolled as a Barrister and Solicitor of the High Court of New Zealand in 2007 after obtaining a law degree from the University of Auckland. He also hold a Bachelor of Arts with a major in Philosophy. Martin has worked in private practice, as in-house counsel and as a Crown Prosecutor. These roles have involved a range of clients and cases, from relatively minor private disputes to large-scale litigation between multinational corporations. He joined the independent bar as a Barrister Sole in 2018. Access to justice is a particular concern of his. Martin is a legal aid provider, published CourtKeys.com and wrote Civil Litigation for Non-Lawyers. Outside of the law Martin has worked in radio and developed VOS Data Conversion.
Dan Parker, Barrister, Capital Chambers
Dan is a civil litigation lawyer with over 29 years’ experience, specialising in construction, insurance, commercial and property litigation. He is an experienced advocate in District Court, High Court and Court of Appeal. Dan established Parker & Associates in 2001. Parker & Associates have been at the forefront of leaky building litigation since then acting for hundreds of affected owners, developers, builders, materials suppliers, engineers and others involved in these disputes. The firm deals with a range of complex commercial disputes. From 1 April 2021, Dan will be practicing as a barrister sole.
Rob Latton, Barrister, FortyEight Shortland Chambers
Rob Latton is a barrister practicing from 48 Shortland Barristers in Auckland. He is a practitioner with over 30 years experience in New Zealand and the United Kingdom. He commenced practice as a barrister sole in 2016. Rob specializes in civil and commercial advice and litigation, and has been involved in extensive estates and trusts work in recent years. In particular he has acted for many executors and trustees in claims alleging breaches of duty, as well as challenges to wills and general estate disputes.
Darren Rawlins, Mediator, Focus Mediation
Darren spent over 20 years as a litigator in London, UK before moving to Auckland. Darren's effectiveness as a mediator is supported by his litigation career in London. Darren is an associate member of the Arbitrators and Mediators Institute of NZ (AMINZ) and also an accredited Family Dispute Resolution mediator. He has experience working with Oranga Tamariki, the Family Court, and with parents with protection/parenting orders. In addition to providing consultancy for the NZDRC, and the FDR Centre, Darren is also experienced as a mediator in NZ relationship property, property, contracts, trusts, employment disputes, and ACC review applications.
Laura O’Gorman, Barrister, Bankside Chambers
Laura is an experienced commercial litigator with broad skills, including specialist expertise in complex contractual disputes and corporate law matters, insolvency, judicial review and competition law. She appears regularly in the High Court and Court of Appeal, and has been ranked as a leading lawyer by numerous directories (including Chambers Global). After 14 years as a partner at Buddle Findlay, she moved to the bar in April 2019, joining Bankside Chambers
Jacque Lethbridge, Partner – Litigation, Martelli McKegg
Jacque has represented corporate, commercial and private clients both in New Zealand and internationally in complex commercial litigation and conducted both criminal and civil trials in the High Court for the last 17 years. Jacque is a guest lecturer for the litigation module of the professionals course for the College of Law and a member of the NZLS Litigation Skills faculty. Ranked ‘Recommended Lawyer’ in Leading Insolvency & Restructuring Lawyers, NZ 2020 by Doyles, Jacque is also a Vice President of the New Zealand Law Society.
Grant Graham, Partner, Calibre Partners
Grant is one of New Zealand’s most respected corporate finance and restructuring experts. Leveraging his financial consulting background, Grant is widely respected for his corporate finance and advisory nous, notably in valuation, restructuring and as an expert witness. Grant’s sharp analysis coupled with keen commercial acumen has resulted in him regularly being called upon for expert witness testimony in mediation or Court. Over 20 years, Grant has written numerous Independent Advisors’ reports for listed company activity subject to NZX listing rules and the New Zealand Takeovers’ Code. In the process, he has gained an enviable reputation for the quality of these reports, his clear and concise communication style, and pragmatic advice.
Kate Cornegé, Partner, Tompkins Wake
As a corporate and commercial dispute resolution specialist, Kate represents clients in a broad range of commercial and local government disputes, including contract, competition and consumer, company law, intellectual property and real property disputes. A recommended lawyer in The Legal 500 Asia Pacific, she has considerable experience working across regulated industries such as dairy, energy and telecommunications. Kate has appeared as lead counsel in the High Court and Court of Appeal, and as a junior in the Supreme Court.
Brad Cuff, Barrister, Capital Chambers
Brad was a litigation partner in an international law firm before becoming a barrister sole in 2020. Brad is a professional member of the New Zealand Law Society and New Zealand Insurance Law Association. With extensive experience in insurance litigation and advice, Brad’s professional roles have included in-house legal service for a major medical indemnity insurer, heading the legal, risk and compliance team at a major US insurer and a top tier Sydney law firm. Brad has acted for some of New Zealand's largest insurers together with Australian insurers and underwriting agencies having a thorough knowledge and understanding of legislative and regulatory environments. His practice covers a wide range of insurance areas and civil litigation.
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)