Settlement Agreements and Disputes
Making sure that the settlement you thought you had agreed is accurately reflected in a settlement agreement can be more complicated than it first appears. What are the pitfalls to watch out for during and after the negotiations? Hear from the experts as they talk about the critical issues you need to consider in drafting an effective settlement agreement, important tax implications, and the remedies available to you when things don’t go as planned. WEB229NZA15
Description
Attend and earn 3 CPD hours
Chair: Andrew Shaw, Managing Partner, Lane Neave
9.15am to 10.05am Settlement Agreements: Critical Issues to Consider
- Essential terms of a Settlement Agreement
- How to make sure that an Agreement is ‘full and final’
- Section 149 certification: important considerations
Presented by Grace Moore, Associate, Edwards Law
10.05am to 10.55am Illegality of Clauses: How does it affect Settlement?
- Restraint of Trade clauses
- Ouster clauses
- Disparaging comments clauses
Presented by Zoe Brentnall, Associate, Gilbert Walker
10.55am to 11.55am Tax Issues in Settlements and Disputes
This session will cover tax issues that practitioners should be aware of in relation to settlements and disputes, including:
- The impact of tax in quantifying damages and costs awards
- How the drafting of a settlement agreement can affect the income tax and GST treatment of a settlement payment
- Maintaining legal professional privilege in the tax context
Presented by Chris Harker, Partner, Mayne Wetherell
11.55am to 12.45pm Remedies for Breach of Settlement Agreements
This session will cover remedies for breach of settlement agreements and discuss:
- Remedies for breaches of confidentiality and non-disparagement clauses
- Remedies for breaches by third parties
- Compliance orders, damages, and penalties
Presented by Renee Butler, Senior Associate, Dentons Kensington Swan
Learning Objectives:
- Gain expert tips to help you draft binding and effective settlement agreements
- Hear about illegality of different clauses and how it affects settlement disputes
- Learn the important tax issues in settlements
- Understand what remedies are available to you if a settlement is breached
Presenters
Andrew Shaw
Andrew is the Managing Partner of Lane Neave and he heads the Employment Law Team. He has 28 years’ experience and is recognised as one of New Zealand’s top employment, ACC and health & safety law practitioners. Andrew is currently on the New Zealand Law Society ACC Committee, having previously been on the New Zealand Law Society Employment Law Committee (for six years), where he assists in providing guidance on proposed legislation. Andrew is a preferred legal practitioner for the New Zealand Law Society to refer vulnerable claimants for specialist and complex legal advice in his specialist areas. He is also a mentor for other law practitioners. Andrew is an experienced litigator and he has appeared in the Employment Relations Authority, Employment Court and ordinary Courts, including the Court of Appeal and advising on a Supreme Court appeal. Andrew also regularly participates in private and MBIE mediations. Andrew has a strong interest in public policy, as this relates to his specialist areas, and as such he is contacted by the media to make comment on current issues of importance. He is also involved in assisting a number of charities, include the Stroke Foundation and MS & Parkinson Society. The Employment Law Team has been a past multiple winner at the New Zealand Law Awards and it is currently on the Government Legal Panel, and provides advice to a number of State and Local Government entities around New Zealand. Andrew regularly presents at workshops and webinars thought New Zealand for organisations including WorkSafe NZ, ACC, The New Zealand Law Society, New Zealand Accountants Society, Private International CPD Educational Providers and numerous member-based organisations. Andrew is a member of the Human Resources Institute of New Zealand and he is on the Office of the Privacy Commissioner – Directory of Privacy Professionals Register.
Andrew is recognised in Legal 500, Chambers & Partners and Doyles Guide as a leading employment and health & safety practitioner in New Zealand.
Grace Moore
Grace joined Edwards Law Employment Law Specialists in 2022, after moving from Canterbury to the Hawkes Bay. Grace assists employer and employee clients with a broad range of employment and human resource issues, including with documentation and policies, managing employment relationship issues, guiding them through investigations restructures and disciplinary processes, negotiating exits and settlements, and providing advice on technical questions of law. Grace regularly represents clients in the resolution of personal grievances and disputes, at employment mediations and has appeared in the Employment Relations Authority.
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.
Zoe was among the top three graduates in her law school class, being awarded a Senior Scholarship in Law from the University of Auckland in 2010.
She is a member of the Young International Arbitration Group, the Society of Construction Law and the Auckland Women’s Law Association.
Chris Harker
Chris advises on tax law. He has advised on a number of significant transactions including mergers and acquisitions, restructures, Public Private Partnerships (PPPs), and financing arrangements. He has also acted for clients seeking binding rulings from Inland Revenue in respect of prospective transactions, and represented clients in respect of Inland Revenue investigations and disputes.
Chris is recognised as a “Next Generation Partner” in Tax by Legal 500 and has been named a Rising Star by NZ Lawyer.
Renee Butler
Renee is an experienced employment and health and safety lawyer based in our Wellington team. She provides strategic advice to corporate clients and public sector entities on the full range of people related issues. This includes restructurings, dismissals, disciplinary and performance issues, as well as a wide range of workplace health and safety issues.
She has also advised a range of clients on both health and safety and employment law issues relating to the COVID-19 pandemic, including vaccinations. Renee has appeared as legal counsel in the Employment Relations Authority, the Employment Court, and the District Court.
Renee has specialist expertise in carrying out workplace investigations into matters such as bullying, harassment, and theft. These investigations involve interviewing several witnesses, making credibility assessments, and making robust findings.
Renee also leads the firm’s workplace immigration law team. In addition to assisting businesses and skilled professionals with immigration matters, Renee assists former refugees to reunite with their family members, as well as those impacted by the Christchurch shootings in 2019.
From 2019 to 2021, Renee chaired the New Zealand Association of Immigration Professionals (NZAIP). She was on the Immigration Industry Steering Group from 2020 to 2021, which was established in response to the COVID-19 pandemic. Both NZAIP and the Steering Group regularly engage with Immigration New Zealand, the Ministry of Business, Innovation and Employment and the Minister of Immigration.
Renee was included in NZ Lawyer’s 2020 list of Rising Stars.