10 Hours in One Day for Litigation and Disputes Lawyers
Issues covered include: Recent Family Law and Property Division Cases, Estates Litigation Updates, Clients Behaving Badly, Contract Disputes: Contract and Commercial Law Act 2017, Calculating Lost Profits: Commercial Damages, Insurance Law Reform and Case Law Update, Running a Paperless Litigation File from Start to Finish, Litigation Finance and Class Actions, Employment Investigations, Mediation in Employment Disputes,
Description
Litigating in any context is complex, but the commonality across all disputes is achieving your client’s goals in an efficient and cost-effective manner. Hear from legal experts as they provide you with the key updates and essential skills to managing family law and estates disputes effectively. You will examine commercial litigation hotspots, consider employment investigations and mediation in employment disputes, and receive practical guidance on how to manage the litigation process.
Attend the full day and earn 10 CPD hours
Session 1
Family, Relationship Property and Estates Disputes
Chair: Inger Blackford, Barrister, Trinity Chambers
7.30am to 8.30am: Recent Family Law and Property Division Cases: Disputes Update
Recent cases and decisions, their significance, and their impact on your practice and your clients.
Presented by Johanna Robertson, Barrister and Mediator
8.30am to 9.30am: Estates Litigation Updates
- Family Protection Act 1955 recent decisions of interest
- Testamentary capacity: Implications for practitioners
- Undue influence
- The deceased’s final resting place: family conflict
Presented by Calina Tataru, Senior Associate, Simpson Grierson
9.30am to 10.30am: Clients Behaving Badly
- Managing difficult clients
- Presenting your client’s case: how to help them put their best foot forward
- Interacting with self-represented litigants
- Awareness of your ethical and legal obligations
Presented by Sarah Jerebine, Barrister and Sam Lowery, Barrister, Bankside Chambers
Learning Objectives
- Consider recent and significant family law and property division cases
- Examine the key issues arising in estates litigation
- Enhance your skills in responding to difficult clients
Session 2
Commercial Litigation Hot Spots
Chair: Nic Scampion, Barrister, Shortland Chambers
10.45am to 11.45am: Contract Disputes: Contract and Commercial Law Act 2017
- Update on claims for damages for misrepresentation under s35 CCLA
- Establishing misrepresentation by silence: Were the right questions asked?
- Exclusion of liability clauses: ss 34 and 50 CCLA and the interest rate swap cases
- Relationship between claims for misrepresentation under s35 CCLA, s9 Fair Trading Act, and claims for negligent misstatement
Presented by Ben Russell, Partner, Lane Neave
11.45am to 12.45pm: Calculating Lost Profits: Commercial Damages
A primer on the basis and approach to calculating lost profits in commercial disputes
- Context of the lost profits damages claim
- Performing credible lost profits analyses
- Establishing evidence in lost profits calculations
- Hot spots in calculating lost profits
Presented by Jay Shaw, Partner, Grant Thornton New Zealand
12.45pm to 1.45pm: INSURANCE LAW REFORM: Insurance Law Reform and Case Law Update
An update of the process currently underway to reform New Zealand’s legislation governing insurance contracts, and a brief discussion of recent insurance law judgments from our senior courts.
Presented by Andrew Colgan, Partner, McElroys
Learning Objectives
- Receive an update on claims for damages for misrepresentation under the Contract and Commercial Law Act 2017
- Learn useful tips to calculate lost profits in commercial disputes
- Reflect on the process currently underway to reform legislation governing insurance contracts
Session 3
Critical Issues in Litigation and Managing Employment Disputes
Chair: Robbie Bryant, Senior Associate, SBM Legal
2.15pm to 3.15pm: Running a Paperless Litigation File from Start to Finish (Including Trial)
- Technology tools required:
- The start of the file: meeting client, obtaining documents & filing/sorting
- Managing the pleadings and discovery
- Running a mediation using an iPad or tablet only
- Preparing for trial
- Running a trial with no paper
Presented by James Skinner Director, Skinners Law
3.15pm to 4.15pm: PANEL DISCUSSION: Litigation Finance and Class Actions
Hear from a leading panel of experts as they discuss the increasing rise of litigation funding and class actions as strong access to justice routes in New Zealand.
Panelists
Callum McLean, Director, McLean Law
Kate Sheehan, Director, Kate Sheehan Lawyers
Andrew Colgan, Senior Associate, McElroys
4.15pm to 4.30pm: Afternoon Tea
4.30pm to 5.30pm: Employment Investigations: Tips and Practical Guidance
- Why investigate?
- The role of independent investigators
- When an independent investigator should be used
- Determining the scope of the brief
- Tips for sound investigation practices
Presented by Judith Scott, Mediation and Employment Investigation Specialist, Judith Scott & Associates
5.30pm to 6.30pm: Mediation in Employment Disputes
- Overview of the mediation process
- Role of private mediation
- Optimal preparation for mediation
- Documentation useful from the mediators point of view
- Overview of the changes in settlement
Presented by David Fleming, Barrister
Learning Objectives
- Gain practical tips on how to utilise technology in litigation and run a paperless trial
- Understand the area of litigation finance and its relation to class actions
- Benefit from essential practice guidance on mediating employment disputes
- Consider the role of employment investigations and gain tips for sound investigation practices
Venue
Rydges Auckland
59 Federal St
Auckland 1010
New Zealand