Settlement Agreements and Disputes
Whether you are looking for a refresher on settlement agreements or a means to fine tune your skills, this programme is designed for you. Gain practical tips for drafting binding agreements, be informed on the different tax considerations associated with a settlement, receive valuable tips on privilege, negotiating an outcome in your favour and making a ‘without prejudice’ Calderbank offers, and understand the risks you need to be aware of when re-opening a settlement agreement. WEB219NZA14
Description
Attend and earn 3 CPD hours
Chair: Georgina Grant, Partner, Grant & Co
9.15am to 10.00am Drafting Binding Settlement Agreements: Getting Them Right
- Overview and key requirements
- Specific requirements depending on nature of dispute
- Common pitfalls
Presented by Patrick Tumelty, Senior Associate, Russell McVeagh
10.05am to 10.50am Tax Implications 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
10.55m to 11.40am Settling Disputes: Without Prejudice Communications, Settlement Negotiations and Calderbank Offers
Overview and key requirements
- Rules relating to ‘without prejudice’ privilege and Evidence Act protections
- Admissibility issues and implications for costs
- Potential pitfalls: when ‘without prejudice’ privilege can be lost
- Latest judicial guidance
Presented by Emma Moran, Partner, DLA Piper
11.45am to 12.30pm Re-Opening Settlement Agreements: What’s the Risk?
- When might a settlement agreement be at risk of being re-opened?
- We consider recent cases on this issue and how the risk should be managed
Presented by Sean Coupe, Senior Associate and Zoe Brentnall, Senior Associate, Gilbert Walker
Learning Objectives:
- Gain expert tips to help you draft binding and effective settlement agreements
- Learn about the different tax considerations in settlement agreements
- Understand when privilege applies and the admissibility of Calderbank offers
- Gain a deeper understanding of the risks of re-opening a settlement agreement
Presenters
Georgina Grant
Georgina established Grant & Co in February 2021 to build on her extensive experience as a commercial litigator. Georgina is a natural advocate with a passion for people and the law. Her current caseload is wide ranging and includes leaky and defective buildings, misrepresentations in various contexts, claims made against directors, shareholder and company disputes, matters involving liquidators, an assortment of construction and property related disputes and other diverse subjects. Georgina has a proven track record handling negligence, contractual and statutory based claims in the courts and specialist tribunals, in arbitrations and adjudications, plus a significant depth of experience in mediation and negotiation.
Patrick Tumelty
Patrick is a litigator with specialist knowledge in commercial litigation, health & safety, insurance, and professional negligence. Prior to joining Russell McVeagh, Patrick worked in London in the disputes division of international law firm Herbert Smith Freehills. As a Senior Associate, he took a lead role in a number of complex cases, acting for high-profile clients in respect of investigations, claims, policies and inquests.
Sacha Oudyn
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.
Emma Moran
Emma an experienced litigator who specialises in dispute resolution and commercial litigation. She is an effective advocate who has experience representing clients at most levels of Courts, before specialist tribunals, in mediations and at arbitration. Her core work is advice and litigation focused on regulatory, government, corporate and insurance clients across New Zealand and globally. She has a particular emphasis on public law, building and construction, and life sciences regulatory issues.
Sean Coupe
Sean has experience across a broad range of civil cases including company and professional negligence disputes and class action proceedings. Sean regularly advises clients undergoing investigations by the Commerce Commission, Financial Markets Authority and other regulators. He has appeared as sole and junior counsel in the High Court and Court of Appeal as well as before tribunals and specialist courts.
Zoe Brentnall
Zoe advises on a broad range of corporate and commercial disputes and has particular experience in complex construction disputes and arbitration. Zoe returned to Gilbert Walker in 2020 after spending seven years practising international arbitration at Shearman & Sterling LLP in Singapore, Paris and London. She has represented multi-national firms in major commercial and investment treaty arbitrations conducted under the ICC, SIAC and ICSID rules in the construction, energy and infrastructure sectors. Zoe has also represented directors and other professionals in civil and regulatory proceedings
Venue
This will be held in Auckland CBD. Details to confirmed at a later date