Litigating Class Actions: Recent Cases, Party Perspectives and Funding
With the number of class actions in Aotearoa New Zealand growing exponentially over the past few years, and rapid growth expected in the future, class action litigation is the area to watch. Stay ahead of this bourgeoning area by taking a critical look at the most important issues and strategies for defendants, the implications of recent decisions, how litigation funding fits in, and what the future holds for your practice. WEB2111NZA03
Description
Attend and earn 3 CPD hours
Chair:
2.00pm to 3.00pm Roundup of Recent Class Action Cases in New Zealand
- Timely and important update on class action cases in New Zealand
- Closer look at the Feltex and Southern Response proceedings
- Key principles arising out of recent class action judgments
Presented by Nina Blomfield, Partner, Simpson Grierson
3.00pm to 4.00pm What Practitioners Must Know About Class Actions & Litigation Funding
- Issues identified by the Law Commission
- The potential way forward in terms of reform, including a brief summary of the current landscape in Australia
- Practical considerations: what funders might think about
Presented by Callum Mclean, Director, McClean Law
4.00pm to 5.00pm Class Actions: Defence Perspectives
- Managing the risks for potential defendants
- What in-house counsel need to know about class actions in New Zealand
- Practical processes for managing potential claims, and defending claims once commenced
Presented by Malcolm Crotty, Partner, Russell McVeagh
Learning Objectives:
- Receive a timely update on recent class action decisions and their implications
- Examine the defence perspectives in a class action
- Gain a deeper understanding of the proposed framework around litigation funding
Presenters
Nina Blomfield
As a commercial litigation partner Nina acts for major corporates, directors, regulators and government entities in complex disputes involving company and financial markets law, contractual and shareholder arrangements, regulatory matters, and class actions. She also advises clients in relation to regulatory investigations and enforcement action, as well as competition law issues in business acquisitions.
Carter Pearce
Carter is a generalist commercial and civil barrister with a particular specialty in the class action arena. He is currently instructed as junior counsel for the plaintiffs in the Ross v Southern Response class action, in which the Supreme Court issued an important judgment in November 2020. He also acts in Livingstone v CBL Corp (in liq), one of two shareholder class actions arising out of the failure of the NZX-listed CBL Corporation.
Malcolm Crotty
Malcolm Crotty specialises in commercial litigation and dispute resolution, including construction, insolvency and employment law. He acts on matters involving emergency and urgent relief orders and complex contractual and statutory interpretation issues. He is also experienced in representing clients before mediations and commercial arbitrations. Malcolm was previously Chair of the Russell McVeagh Board and prior to this was Chair of the Partnership. Malcolm is recognised as a leading lawyer for Dispute Resolution in the Legal 500 Asia Pacific 2021 guide, for Litigation by Best Lawyers 2022 New Zealand guide, and as a recommended lawyer for Construction, Projects & Infrastructure in Doyles Guide 2018 and 2019.
Callum Mclean
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.