Settling Litigation Intensive
“Better to settle” ... but make sure your settlement is watertight and tax effective. Solving litigation disputes starts from the initial negotiations, Calderbank offers and without prejudice discussions through to crafting of watertight agreements. Obtain a best practice guide to ensure that your settlement accurately reflects the agreement, plus a roundup of tax and GST implications from its terms. Investigate when it’s possible to reopen a settlement and best steps to enforce an agreement. WEB239NZA09Z
Description
Attend and earn 4 CPD hours
Chair: Ben Russell, Partner, Lane Neave
1.00pm to 2.00pm Calderbank Offers and Managing Without Prejudice Discussions
- What is a Calderbank offer, when should one be made and are they really effective?
- When should discussions be without prejudice and what does this really mean
- When can the without prejudice protection be broken or waived?
- Useful tips for engaging in without prejudice discussions
Presented by Brad Cuff, Barrister, Capital Chambers
2.00pm to 3.00pm Drafting Settlement Agreements
- Wording and scope of full and final settlement clauses
- Confidentiality and non - disparagement clauses
- Approaches and issues to - consider
- Limitations and indemnity
- Requirement to S149 sign off certification
Presented by Shane Swinerd, Senior Associate, Wotton + Kearney
3.00pm to 3.15pm Break
3.15pm to 4.15pm Considering Tax and GST Issues in Settlements
- 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
4.15pm to 5.15pm Exploring the Grounds to Reopen a Settlement Agreement and Enforcement Options
- When is it possible to reopen a settlement agreement
- Grounds to re-open a settlement agreement: looking at mistake, misrepresentation, frustration, and undue influence
- What steps to take to enforce a settlement agreement
Presented by Emma Gabor, Principal, Gabor Law
Learning Objectives:
- Review Calderbank Offers and Managing Without Prejudice Discussions
- Learn how to draft watertight settlement agreements
- Know the tax and GST implications that might arise from a settlement agreement
- Understand the grounds for re-opening a settlement agreement and steps to take to enforce a settlement agreement
Presenters
Brad Cuff
Brad was a litigation partner in an international law firm before becoming a barrister sole in 2020. Brad is a professional member of the New Zealand Law Society and New Zealand Insurance Law Association. With extensive experience in insurance litigation and advice, Brad’s professional roles have included in-house legal service for a major medical indemnity insurer, heading the legal, risk and compliance team at a major US insurer and a top tier Sydney law firm. Brad has acted for some of New Zealand's largest insurers together with Australian insurers and underwriting agencies having a thorough knowledge and understanding of legislative and regulatory environments. His practice covers a wide range of insurance areas and civil litigation.
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.
Emma Gabor
Emma Gabor is the principal of Gabor Law, a boutique law practice based in Wellington offering insurance and civil disputes services. Prior to setting up her own firm in September 2020, Emma worked for five years as a Claims Counsel in the Liability team at IAG New Zealand, managing professional indemnity, public liability, D&O, and a range of other liability claims, including disciplinary complaints against professionals. Prior to that, she worked for seven years in a national law firm where she advised leading insurance companies on issues involving material damage, business interruption, statutory and public liability policies, and the litigation related to the Canterbury earthquakes. Building on the Canterbury experience, Emma has just completed a PhD investigating what can be done to improve insurance claims for multi-unit buildings such as body corporates, cross-lease properties, and freehold townhouses. Emma is a co-president of the Women in Insurance network in Wellington, as well as the Convenor of the Independent Practitioners Committee, a Law Society committee which supports sole and small practitioners in Wellington.