Settling can be the best option – if your agreement is secure and tax efficient.  Start with the essentials of structuring your Calderbank offer to ensure enforceability and effectiveness, then examine the nuances of a ‘without prejudice’ conversation and when conversations might not be covered by the exclusion. Tax considerations are key; learn when lump-sum payouts may be taxable and how to manage this risk. Get insider insights on effective settlement discussions to bring cases to a close with confidence.

Presenters

Damian Chesterman, Barrister, FortyEight Shortland
Damian is a senior commercial and civil barrister and arbitrator based in Auckland and Queenstown. Throughout his career Damian has been entrusted with complex and difficult litigation by his clients. Since his first jury trial as lead counsel in 1996 he has led numerous High Court trials and appeals including in the Supreme Court. Damian’s qualifications include an LLM (Hons) from the University of Cambridge, England; an LLB with First Class Honours; a B.Com; New Zealand’s highest qualification in arbitration (FAMINZ (Arb)); admission to the New York Bar and admissions in Australia and England.


Mary Nelson, Director, Crawford Nelson
Mary Nelson was admitted to the bar in 2008. As a lawyer she specialises in representing businesses, trusts, partnerships and individual taxpayers who have found themselves in the awkward position of disputing unpaid tax and penalties with the Inland Revenue Department. Mary works with a team of trusted experts including accountants and other advisors in the tax arena. Her approach is to take over all communications and negotiations with the IRD, to remove stress from her clients while representing their best interests. Anti-Money Laundering laws are another area where individuals and businesses can inadvertently find themselves in legal jeopardy. Mary and her team are experts in assessing, auditing and ensuring compliance with AML/CFT regulations.


Mark Kelly, Barrister, Bankside Chambers
Mark is one of New Zealand’s leading commercial mediators, mediating full-time, throughout New Zealand. He has over 30 years of experience in dispute resolution. Mark is the immediate past President, and a Fellow, of the Arbitrators' and Mediators' Institute of New Zealand. He is also a Distinguished Fellow of the International Academy of Mediators. Mark has extensive experience successfully mediating high value disputes involving: general commercial issues, construction, insurance, intellectual property, trusts and estates, relationship property, rural land farm debt, sports, earthquake, weathertightness and international issues. Mark won the Mediator of the Year Award at the 2019 and 2022 New Zealand Law Awards. In 2023 he was named as one of New Zealand’s 26 most influential lawyers. He practices from Bankside Chambers, Auckland.


Kate Rouch, Senior Associate, Dentons
Kate Rouch is an experienced litigator and advocate with experience in both the public and private sectors. As a lawyer Kate blends practicality with an acute understanding of the law and meticulous eye for detail. Kate’s specialist areas include judicial review, public law disputes, construction, and natural disaster damage litigation. She is also experienced in insurance matters, professional disciplinary processes (particularly engineering and medical professional investigations), and debt recovery. In her previous roles Kate acted for the Crown in criminal prosecutions and, before that, as defence counsel to legally aided clients.


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.

Dispute Resolution Law Bundle

Get all 10 hours you need with the Dispute Resolution Law Bundle, featuring three of our bestsellers designed to sharpen your litigation skills. Start with Civil Litigation: Effective Case Preparation and Management and learn how to prepare evidence, navigate pre-trial procedures, and handle negotiations like a pro. Then, join us live online for David vs Goliath: Inside Class Actions in New Zealand, where you’ll gain key insights into judicial review and declaratory judgment applications in class action matters. Benefit from essential practice guidance on running successful class actions and stay updated on the latest case law in both New Zealand and Australia. Finish strong with Settling Litigation: Key Issues to Consider, where you'll master the art of structuring enforceable Calderbank offers, understand the nuances of ‘without prejudice’ conversations, and navigate tax considerations in settlement payouts. This bundle is your all-in-one solution to mastering dispute resolution.