Success in civil and commercial litigation hinges on effectively presenting evidence to prove the issues in dispute. Elevate your skills by learning how to assess the admissibility of evidence and determine whether it is privileged or does it fall within an exemption. Additionally, gain strategies for optimising the use of expert evidence and master the art of cross-examination of experts. Take advantage of this opportunity to strengthen your practice and enhance your expertise.
Description
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
*Original Content was created in August 2024
Recent Updates and Cases on Privilege, Waiver and Exemptions
- Privilege, waiver of privilege and exemptions
- Privilege is a shield and not a sword
- What is legal professional privilege and when and to what does it apply?
- When can privilege be waived and by who?
- Does accidental disclosure waive privilege?
- Documents and communications to which privilege will not apply
- Some recent cases
Presented by
Jacque Lethbridge, Partner, Martelli McKegg Lawyers
Paul Dalkie, Barrister
Prepared by Brad Cuff, Barrister, Capital Chambers
Chair
Jacque Lethbridge, Partner, Martelli McKegg Lawyers
Assessing the Admissibility of Evidence
- What is admissible evidence
- Facts
- Opinion: when admissible, and from whom
- Rules you must know under the Evidence Act 2006
- What is inadmissible evidence?
- Cross examination structure of questions, sequence
- Objections:
- When to take them at trial, and how
- Raising them with your opponent: Is there any point?
- Dealing with devices some judges use to avoid giving a ruling during a trial: such as de bene esse
- Problems caused when judges avoid or reserve ruling on objections to evidence
Presented by Paul Dalkie, Barrister
Expert Evidence: Drafting Tips, Preparing and Overview of Applicable Rules
- Points to consider before getting started
- Finding an expert witness
- Drafting an expert brief
- Preparing the witness for trial
- Rules that apply to expert witnesses
Presented by Yoonjung Lee, Barrister, Shortland Chambers
Cross-Examination of Expert Witnesses: What’s Admissible and Case Study
- What is admissible expert evidence
- What to look for when preparing cross-examination of an expert
- Relevant questions when cross-examining an expert
- A case study of an actual cross-examination of an expert witness
Presented by Rob Latton, Barrister, FortyEight Shortland Barristers
Learning Objectives
- Understand how to assess the admissibility of evidence
- Get useful update and recent cases on ow to deal with privilege, waiver of privilege and get a refresher on privilege exemptions
- Gain valuable tips on how to prepare expert witnesses and learn how to get most out of their evidence
- Understand the art and complexities of cross-examination of expert witnesses
Attend and earn 4 CPD hours
Presenters
Paul Dalkie, Barrister
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.
Brad Cuff, Barrister, Capital Chambers
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.
Yoonjung Lee, Barrister, Shortland Chambers
Yoony practises in commercial and civil litigation. She has acted for clients in a wide range of complex disputes and has particular expertise in large-scale contract and tort disputes, insurance, directors’ duties, and urgent injunctive relief. Yoony has acted for clients across a diverse range of sectors including banking, energy, insurance, information technology, pharmaceutical and telecommunications. She has represented clients in civil proceedings and regulatory prosecutions, appearing in mediations, courts and arbitrations. Yoony graduated from the University of Auckland with LLB (Hons), BCom (Hons), and LLM degrees. Before joining Shortland Chambers, Yoony was an associate at Gilbert Walker. Prior to that, she was a senior associate in the litigation team at MinterEllisonRuddWatts in Auckland.
Rob Latton, Barrister, FortyEight Shortland Barristers
Rob Latton is a barrister practicing from 48 Shortland Barristers, Auckland. He is a practitioner with over 30 years’ experience in New Zealand and the United Kingdom. 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, including Burgess & Another v Monk & Others (No. 6).
Jacque Lethbridge, Partner, Martelli McKegg Lawyers
Jacque has been practicing for 18 years and is a leading senior litigator routinely appearing in the High Court and superior courts. Jacque has represented corporate, commercial and private clients both in New Zealand and internationally in complex commercial litigation and conducted both criminal and civil trials in the District Court and High Court for the last 17 years. Jacque has taught the litigation module of the professionals course for the College of Law and is a member of the NZLS Litigation Skills faculty. Ranked ‘Recommended Lawyer’ in Leading Insolvency & Restructuring Lawyers, NZ since 2018 to present.
Paul Dalkie, Barrister
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.
