Evidence & Advocacy Masterclass
Queens Counsel, esteemed barristers, and litigation specialists will provide you with valuable insights into how you can elevate your skills to the next level. This Masterclass reviews a select range of key advocacy skills and areas of evidence that will bolster any litigator’s practice, especially with many trials now moving to virtual format. If your goal is to get an edge in the courtroom, this is an opportunity you should not miss. WEB226NZA04
Description
Attend and earn 4 CPD hours
Chair: David Broadmore, Partner, Buddle Findlay
1.00pm to 1.45pm Just Prove It: Preparing Effective Briefs of Evidence in Civil Cases
Judges have lamented that counsel in civil cases “do not know the rules of evidence”. Briefs are often chock-full of opinion, submission and other inadmissible content. The Supreme Court’s recent judgment in Bathurst is a stark reminder of the importance of the Evidence Act 2006 in the civil context. Learn how to prepare a good brief for a factual witness, and how and when to challenge transgressions in your opponent’s briefs.
Presented by Gillian Coumbe KC, O'Connell Street Barristers
1.45pm to 2.30pm Disclosure of Privileged Material and Implied Waiver
- Without prejudice privilege and exceptions
- Waiver of privilege: Inadvertent and deliberate disclosure
Presented by Felicity Monteiro, Partner, Wilson Harle
2.30pm to 3.15pm Virtual Trials
Join Damian Chesterman as he discusses practical points and pitfalls to watch out for when involved in a virtual trial.
Presented by Damian Chesterman, Barrister, FortyEight Shortland Barristers
3.15pm to 3.30pm Break
CROSS EXAMINATION INTENSIVE
3.30pm to 4.30pm Oral Evidence: Cross-Examination of Lay Witnesses and Leading Evidence
Presented by Paul Dalkie, Barrister
4.30pm to 5.30pm Cross-Examination of Expert Witnesses: Best Practice Approaches
Presented by Rob Latton, Barrister, FortyEight Shortland Barristers
Learning Objectives:
- Learn useful tips for preparing effective briefs of evidence
- Receive guidance on disclosure of privileged material and implied waiver
- Gain best practice tips for appearing in virtual trials
- Understand the art and complexities of cross-examination
Presenters
David Broadmore
David specialises in commercial litigation. He has almost 20 years' experience in litigation and dispute resolution in both New Zealand and the United Kingdom. He has particular expertise in resolving banking and finance, insolvency, insurance, construction, property, professional negligence and a wide range of contractual disputes. David appears in all courts and is experienced in a broad range of alternative dispute resolution, including mediation, arbitration and expert determination
Gillian Coumbe KC
Gillian has an unusually diverse practice in civil and commercial litigation. Recent examples include a high profile tax avoidance trial, a contested public hearing (for SkyCity) before the Gambling Commission, appointment as an independent expert to resolve contract interpretation, claims for restitution and knowing receipt, and judicial review in contexts ranging from thoroughbred racing club governance to refugee law. Gillian was also lead counsel in the Erceg case, where the Supreme Court ruled on the disclosure of trust information to discretionary beneficiaries. The common thread of this hotchpotch is advocacy, both oral and written.
Felicity Monteiro
Felicity is an experienced civil and commercial litigator. She holds a LLB (Hons) and LLM (First Class) from the University of Auckland. She was admitted to the bar in 2007 and has been with Wilson Harle since then. Felicity has assisted clients involved in a wide range of disputes relating to contract and tort issues, debt recovery, insolvency, trust disputes, telecommunications, insurance and shipping and admiralty claims. She has appeared as counsel in the courts at all levels and has assisted clients in mediations, arbitrations and commercial settlements. As well as conducting litigation, Felicity has also provided in-depth advice in the areas of insurance law, public law, commercial law, maritime and admiralty law, and regulatory and competition law. She has had particular focus on the interpretation and application of regulatory legislation, including the Telecommunications, Commerce and Fair Trading Acts. She is listed a ranked lawyer for Shipping in Chambers and Partners Asia Pacific Rankings, a Distinguished Practitioner in Dispute Resolution in Asia Law Profiles, a leading individual in Transport and a Next Generation Partner in Competition Law and Insurance in the Asia Pacific Legal 500.
Damian Chesterman
Damian is a commercial barrister and arbitrator. He has over 20 years of trial experience. He has practised in New York, London, and Sydney. Damian’s recent cases involve Maori Trusts, Maori Land and Treaty Settlements. Damian has received the following qualifications: LLM (Hons, Cambridge); LLB (First Class Hons); B.Com; FAMINZ.
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.
Rob Latton
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.