10 Hours in One Day: Litigation and Disputes
Hear from 10 experts across 10 different areas as they provide you with the key updates and equip you with the essential skills to manage a dispute effectively. Canvass trusts, estates and relationship property disputes. Examine commercial litigation hotspots including class actions, insurance, employment and IP. Finish with practical guidance on managing difficult clients, cross-examination techniques, and updates to the Evidence Act. Attend the full day or choose the sessions that interests you. 233NZA43
Description
Attend and earn 10 CPD hours
Session 1
Relationship Property, Trusts and Wills Disputes
Chair: Rachael Woods, Barrister, Richmond Chambers
7.30am to 8.30am Trusts Act 2019 and Its Implementation in Practice
- Review of recent case law
- Practical advice for lawyers engaging in correspondence in anticipation of litigation
- Use of the provisions of the Trusts Act 2019
Presented by Timothy Orr, Partner, Martelli McKegg
8.30am to 9.30am Estates Litigation: Common Pitfalls
Despite the best laid plans, estates more frequently these days end up in drawn out and expensive disputes. Why is this and what can we do as lawyers to try and lessen the impact both for the estate and the beneficiaries involved? Many estate disputes are not so much about the law but have more to do with human frailties and family dynamics. Disputes can stem from a badly drafted or out of date will but even with the most handsomely crafted will some families still wish to have a drawn out battle as to mum’s jewellery or the loan to my brother.
- This presentation will highlight how and why some of the more common disputes arise, what can be done to minimise their effect and how to deal with those disputes that just won’t go away.
Presented by Richard Broad, Senior Associate, Simpson Grierson
9.30am to 10.30am Relationship Property Disputes and Issues
- Key points to take home on legal highlights from 2022
- Recent case law updates on key issues and provisions relevant to practitioners giving advice to clients on relationship property
Presented by Catharina Chung, Associate – Family Law Specialist, Tompkins Wake
10.30am to 10.45am Morning Tea Break
Learning Objectives:
- Understand key points of the Trusts Act and its implementation
- Explore common pitfalls in estates litigation
- Gain tips on managing key relationship property disputes
Session 2
Essential Skills in Litigation Practice
Chair: James Skinner, Director, Skinners Law
10.45am to 11.45am Clients Behaving Badly
- Managing difficult clients
- Your ethical and legal obligations
- Managing client complaints
Presented by Shelley Eden, Principal, Shelley Eden Law
11.45am to 12.45pm Update on the Evidence Act
Presented by Katerina Wendt, Barrister, Richmond Chambers
12.45pm to 1.45pm Effective Presentation of Evidence Through Cross-Examination
- Structuring cand formatting cross-examination
- Effective use of exhibits
- Presentation of cross-examination for maximum persuasiveness and impact
Presented by Rob Latton, Barrister, FortyEight Shortland Barristers
Learning Objectives:
- Consider different ways to approach and manage difficult clients
- Benefit from practical guidance on effective presentation of evidence in cross-examination
- Hear a key update on the Evidence Act and its developments
Session 3
Spotlight on Class Actions, Insurance, Employment and IP
Chair: Kate Muirhead, Principal, Meredith Connell
2.15pm to 3.15pm Litigating Class Actions
This session will cover:
- The current High Court Rules relating to representative actions
- The inter-relationship between litigation funding and class actions
- The reforms proposed by the Law Commission for both class actions and litigation funding
- Practical tips to be aware of when litigating class actions, either as plaintiff or defendant
Presented by Alicia Murray, Partner, DLA Piper
3.15pm to 4.15pm Commercial and Insurance Litigation Update
Receive a comprehensive update on recent developments in commercial litigation and insurance law.
Presented by Stephanie Corban, Special Counsel, Hesketh Henry
4.15pm to 4.30 pm Afternoon Tea Break
4.30pm 5.30pm Employment Law Disputes
A review of key employment judgements of the Employment Court in 2022. We will consider:
- The development of the law in relation to employee/contractor disputes
- Bullying claims in the workplace
- Holidays Act related case law
- The jurisdiction of the employment institutions
- Records of Settlement
- Contractual issues in the employment context
Presented by Simon Greening, Director, Watermark Employment Law
5.30pm to 6.30pm Recent Highlights in IP Litigation
- Review recent IP litigation (including IPONZ)
- Receive an update on new trends or changes to law or practice
Presented by Laura Carter, Barrister, Sangro Chambers
Learning Objectives:
- Receive insight into how to best litigate class actions and receive practical tips on litigation funding
- Explore a key update on commercial and insurance litigation
- Reflect upon some key employment judgements from the past 12 months
- Stay updated on important highlights in IP Litigation
Presenters
Rachael Woods
Rachael is a barrister at Richmond Chambers. She practices in the areas of civil and regulatory litigation, and has also acted on disciplinary proceedings for a range of professionals including lawyers, accountants, financial advisers and real estate agents. Rachael spent two years in the litigation department of a major firm, before moving to work alongside a senior criminal barrister for five years. She then worked at a boutique insurance law firm, before joining the bar in 2019.
Timothy Orr
Timothy is a partner specialising in trusts, estates, property and commercial law. Originally from Northern Ireland, Timothy graduated from the University of Dundee with a Bachelor of Laws (Honours) in 2008. He assisted an NGO at the UNHCR in Geneva and then ran a legal aid team in Mombasa, Kenya providing legal advice on a wide range of criminal and family matters. Upon returning to the UK, Timothy worked on a high profile Public Inquiry under a former Court of Appeal Judge. Arriving in New Zealand in 2010, Timothy qualified as a lawyer in New Zealand and was a manager for ADLSI responsible for overseeing a wide range of legal forms and precedents including the standard Agreement for Sale and Purchase of Real Estate and the Deed of Lease. Timothy also worked closely with various Ministries, the Law Commission and the Courts on a wide range of law reform issues, particularly those relating to trusts and property law. Timothy then worked as a Senior Solicitor in a well-established medium sized law firm in Auckland specialising in trusts, estate and property law.
Richard Broad
Richard Broad is a senior associate at Simpson Grierson and specialises in private client work. He has many years of experience in private legal practice together with in-house legal and management roles in trust companies. He advises on all areas of succession planning and asset protection. In particular Richard has expertise in trusts, wills, estate administration and powers of attorney. Richard has a LLB from Victoria University and is a member of the Society of Trust and Estate Practitioners, Estate and Tax Planning Council, and Auckland District Law Society Trust Law Committee.
Catharina Chung
Catharina joined Tompkins Wake in 2022 as an associate in our Family Law team. Catharina, having been admitted in 2012, is an experienced family lawyer with over 10 years in practice. With a particular focus on disputes relating to the division of relationship property, Catharina also has broad experience in all other areas of family law including care of children, family violence, claims after death, family protection and testamentary promises claims, and PPPR Act matters. Prior to joining Tompkins Wake, she worked in a reputable medium-sized law firm in Central Auckland specialising in litigation with a focus in family law. She also gained experience in other areas such as civil, insurance and professional negligence litigation. Catharina is fluent in Korean and can also speak Japanese conversationally.
James Skinner
James is an experienced civil litigator who has represented a wide range of clients, from individuals to companies and councils across New Zealand. He’s acted in disputes regarding leaky buildings and many other types of construction cases, trusts/estates, commercial, company, property, insolvency/debt recovery, employment, sports appeals, driving offences and some criminal charges. During this time he’s helped out people from each side of the coin – building contractors and homeowners, employers and employees, creditors and debtors, suppliers and customers, landlords and tenants, as well as business owners and sports professionals.
Shelley Eden
Shelley leads the employment team at Gaze Burt. She has over 20 years experience in employment law, representing clients at every level and dealing with every type of employment issue. Shelley brings technical expertise but also commercial pragmatism and pro-activity to her role, which is particularly appreciated by her employer clients. Shelley is a strong presenter and enjoys helping businesses to satisfactorily resolve employment issues and to have an engaged, productive workforce. She often works closely with the HR team in client businesses, to help achieve this. She has also developed a practice in employment investigations – helping employers to understand what is happening in their workplaces and manage accordingly. Shelley’s recognised experience and strong advocacy skills have also made her a highly effective advocate for employees facing dismissal, redundancy, disciplinary action, discrimination or workplace abuse.
Katerina Wendt
Katerina is a barrister at Richmond Chambers, advising on disputes arising from a variety of commercial and property matters, including construction contracts, commercial contracts and leases, unit title developments and defective buildings. Katerina was admitted as a lawyer in 2006, and has a broad background in commercial, civil and regulatory litigation and dispute resolution. Before joining the independent bar in 2016, Katerina worked at law firms for both private clients and government departments including the Commerce Commission, Inland Revenue, liquidators, private commercial clients, and insurers. Katerina is a member of the New Zealand Law Society, Arbitrators’ and Mediators’ Institute of New Zealand, Auckland District Law Society, New Zealand Bar Association, Society of Construction Law, and Auckland Women Lawyers Association.
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.
Kate Muirhead
Kate is an experienced litigator, trusted by her clients to provide expert advocacy and clear, focussed and practical advice. She has been invited to become a partner of MC, subject to meeting Law Society requirements. Kate’s speciality is managing complex claims, such as acting for hundreds of investors in a class action against ANZ Bank. She now represents shareholders in a CBL Corporation Ltd (in liquidation) class action. Kate regularly advises on public law and compliance, and acts in judicial review proceedings. In addition to acting for regulators in enforcement matters she is also a Crown prosecutor.
Alicia Murray
Alicia Murray is a litigation partner with 20 years experience in large scale commercial disputes and regulatory investigations in the financial services sector and competition and consumer matters. Alicia has a broad range of experience including competition law, contract disputes, negligence, intellectual property and insolvency. Alicia leads DLA Piper's competition law practice and is the co-leader of the restructuring team.
Stephanie Corban
Stephanie is a Special Counsel at Hesketh Henry and has 20 years’ experience in civil and commercial litigation. She specialises in insurance and construction litigation. Stephanie acts for insurers on professional indemnity claims, cover issues and subrogated recoveries. She also deals with a variety of civil matters, including acting for plaintiffs and defendants on property and construction disputes. In view of the fact that very few civil disputes proceed to trial, Stephanie usually resolves claims through direct negotiation and at mediation. Stephanie is a member of the New Zealand Insurance Law Association (NZILA) and an affiliate member of the Arbitrators and Mediators Institute of New Zealand (AMINZ).
Simon Greening
Simon was a partner at a mid-tier city firm, managing the employment practice before he founded Watermark Employment Law. Simon acts for employers and employees on a wide range of employment matters. Simon has represented clients at investigation meetings, disciplinary meetings, mediations with MBIE, hearings in the Employment Relations Authority, and matters on appeals to the Employment Court. He has also represented clients in proceedings before the Human Rights Tribunal, Office of the Privacy Commissioner, complaints assessment committees, and the Teachers Disciplinary Tribunal.
Laura Carter
Laura is a barrister specialising in commercial and intellectual property disputes. She has extensive experience advising on a wide range of IP issues, and acting on contentious trade mark, patent, copyright, Fair Trading Act and other consumer law disputes. She has regularly appeared before IPONZ, in the High Court, and in the Court of Appeal. Laura is a registered patent attorney (Australia and New Zealand)
Venue
Cliftons
Level 4/45 Queen Street
Auckland CBD
Auckland 1010
New Zealand
Parking
Parking is not included in your registration. Nearby options are:
- Downtown Carpark (4 min walk) Click here for rates
- Britomart Carpark (10 min walk) Click here for rates
Directions
CLOSEST TRAIN STATION - Britomart Station, 600m (5 min walk)
CLOSEST BUS STOP - Multiple stops on Queen St and Customs St (1 min walk)