Civil Litigator’s Toolkit
Master the civil litigation process with this expertly curated guide. Work through what you need to do to successfully prepare for trial, from case theory to making opening and closing submissions. Work through the evidential issues, gain tips on drafting pleadings and insights into how to emerge successful in settlement negotiations. This programme will equip you with the key essential skills for success. WEB223NZA26
Description
Attend and earn 3 CPD hours
Chair: Kim Francis, Partner, Lindsay & Francis
9.15am to 9.20am Opening Comments by the Chair
9.20am to 10.05am Evidential Issues in Litigation: Preparation through to Presentation
- Knowing what witnesses can give evidence of. What is fact, opinion, comment. What is admissible
- Referring to documents in evidence, and which documents
- How to take a witness statement
- The difference between the evidentiary standard on a chamber/interlocutory application, which is by affidavit, and a statement for a trial
- Some brief commentary on expert evidence
- Making sure the evidence you have covers off all the elements of the causes of action, or defences you have to prove or disprove
Presented by Paul Dalkie, Barrister
10.10am to 10.55am Pleadings: Strategies for Success
Elevate your drafting skills and improve your pleadings through practical tips, insights and examples on how to draft proper pleadings.
- The statement of claim and clearly stating the nature and basis of the claim
- Determining appropriate causes of action
- Providing adequate and appropriate factual particulars
- Statements of defence and pleading affirmative defences
- The need for and content of a reply
Presented by Jai Moss, Barrister, Canterbury Chambers
11.00am to 11.45am A Guide to Preparing for Trial: From Case Theory to Closing Submissions
- Preparing a theory of the case early and using it as the basis for all of your trial preparation
- Some practical aspects of trials to think of well in advance such as common bundles, electronic court room vs standard trial and practical witness issues particularly with the increased use of VMR
- The purpose and scope of opening submissions
- Using theory of the case to plan xxm structure and questions
- Pulling everything together into closing submissions
Presented by Rachael Irvine-Shanks, Senior Associate, Chapman Tripp
11.50am to 12.35pm Settlement Fundamentals: Understanding the Key Requirements
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
12.35pm to 12.40pm Final Q+A and Closing Comments by the Chair
Learning Objectives:
- Gain tips on preparing and presenting evidence in court
- Elevate your drafting skills and improve your pleadings
- Benefit from practical guidance on preparing for trial
- Understand rules relating to ‘without prejudice’ privilege
Presenters
Paul Dalkie
Paul Dalkie has practised as a barrister for more than 24 years in New Zealand and Australia. He appears in and has appeared in a wide range of civil and commercial cases and arbitrations. Prior to becoming a barrister he practised as a solicitor in Queensland for more than 8 years including at two global firms Blake Dawson Waldron (now Ashurst) and Cannan & Peterson, Sly & Weigall (now Norton Rose Fullbright). He has appeared and argued cases and conducted trials and appeals at all Court's levels, including the Privy Council. His practice has particular emphasis on contract disputes of all kinds, and corporate law, especially insolvency and shareholders and directors disputes. He is admitted to practice in New Zealand, Queensland and Victoria, and in the Federal Courts of Australia.
Rachael Irvine-Shanks
Rachael Irvine-Shanks is a Senior Associate at Chapman Tripp, based in the firm’s Auckland office. Rachael has experience advising domestic and international clients in the conduct of complex commercial litigation in the High Court and alternative dispute resolution forums. She advises clients on a broad range of commercial disputes but has particular experience in contractual disputes, product liability claims, regulatory and competition proceedings and class actions. Prior to re-joining Chapman Tripp in 2016, Rachael worked for four years at Freshfields Bruckhaus Deringer in London, where she advised on multi-jurisdictional investigations and related regulatory proceedings.
Emma Moran
Emma is 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 focus on public law, building and construction, and life sciences regulatory issues.
Jai Moss
Jai Moss is a barrister at Canterbury Chambers. He has practiced as a barrister for 10 years and has a broad practice in civil and commercial litigation specialising in contract and commercial disputes, Companies Act matters, defamation, estate and trust matters, insurance, insolvency, professional negligence, and tort. Jai has appeared as junior counsel in the Supreme Court and lead counsel in the Court of Appeal, High Court, District Court, various Tribunals and arbitrations. Jai has also been appointed amicus curiae by the High Court. Jai graduated with Honours from Canterbury University in 1997 and is qualified in New Zealand and New South Wales, Australia. Prior to joining the independent bar, he worked in Magic Circle firms in London, and national and boutique law firms in Sydney and Christchurch.