Acquire practical strategies and essential knowledge from three leading class action barristers as they share their experiences and insights on bringing claims on behalf of aggrieved groups in class action lawsuits. Unravel the use of judicial review and declaratory judgment applications for class action matters. Benefit from essential practice guidance on running successful class actions, and catch up on case updates, both here and in Australia.
Description
Attend and earn 3 CPD hours
10.00am to 11.00am Case Review: Recent Cases Updates
- Common fund orders
- Common issues/interests
- Competing class actions
Presented by Grant Shand, Principal, Grant Shand Barristers and Solicitors
12.15pm to 1.15pm A Practical Guide to Running a Class Action in New Zealand
- What is a class action under New Zealand’s representative rule, and how does it work?
- When is a class action appropriate?
- Follow-on Actions
- Inside class actions in Australia
Presented by Matthew Harris, Barrister, Shortland Chambers
Chair:
Fionnghuala Cuncannon, Partner, Cuncannon
11.00am to 12.00pm Public Law Representative Proceedings: Using Judicial Review and Declaratory Judgment Applications for Class Actions
- Judicial review vs declaratory judgment applications: What is it and how to apply?
- Judicial review and declaratory judgement in practice
- Case study
Presented by Matthew Smith, Barrister, Thorndon Chambers, Wellington
12.00pm to 12.15pm Break
Learning Objectives:
- Gain practical tips to identify the legal claim and to start and run a class action
- Stay on top of recent class actions, both in New Zealand and in Australia
- Gain perspectives into judicial reviews, declaratory judgments, common fund orders, competing class actions, and follow-on actions
Presenters
Fionnghuala Cuncannon, Partner, Cuncannon
Fionnghuala is experienced in civil and commercial litigation and dispute resolution, criminal prosecution, judicial review, and public law. Fionnghuala is a Senior Crown Prosecutor and member of the Cartel Prosecutors Panel. She is ranked in Chambers and Partners for Dispute Resolution and Competition/Antitrust. Her experience also includes teaching as an Adjunct Lecturer for Contract Law at Victoria University of Wellington, and contributing to Mahoney on Evidence (2nd Edition, Thomson Reuters, 2024).
Matthew Smith, Barrister, Thorndon Chambers, Wellington
Matthew has a broad public and commercial law practice, encompassing regulatory, Māori, human rights, and environmental law, and with a special expertise in judicial review and the use of public law tools to achieve meaningful outcomes for clients. He works across the entire range of public law and has acted for public sector bodies (including Crown entities and commissions of inquiry), individuals, entities of many kinds (including companies, incorporated societies, trusts and Māori incorporations), industry groups, and NGOs. Matthew has appeared in all the higher courts, and in numerous specialist courts and tribunals, including the Waitangi Tribunal and the Māori Land Court. His non-litigation work tends to involve the provision of legal and strategic advice and support in a range of settings, including public inquiries, regulatory investigations, consultation processes, and Parliamentary/law reform processes. Matthew is the sole author of the New Zealand Judicial Review Handbook – a comprehensive text on judicial review in New Zealand that is now in its second edition.
Grant Shand, Principal, Grant Shand Barristers and Solicitors
Grant Shand is the principal of Grant Shand Barristers and Solicitors. He has over 30 years of litigation experience in Australia and New Zealand. He is New Zealand’s pre-eminent natural disaster lawyer handling earthquake, landslip and flooding cases and was involved in the Ross v SRES class action, acting for affected insureds. Grant is currently running two certified class actions against EQC and has two commenced, but not yet certified, class actions against local authorities for flood damage, as well as one against an insurer.
Matthew Harris, Barrister, Shortland Chambers
Matthew’s practice encompasses most areas of civil and commercial litigation, including company and contract, class actions, insurance and professional liability, construction, and property. He has conducted numerous trials and appeals as sole or lead counsel. Matthew is recognised for his expertise in insurance (property, professional indemnity, general liability, and statutory liability) and professional liability. He advises on indemnity and represents a wide range of insureds in civil proceedings and in regulatory and professional conduct inquiries. He acted in dozens of proceedings arising out of the Canterbury earthquakes. Matthew has a particular expertise in class actions. He has acted for The A2 Milk Company Ltd in a shareholder class action; for a product distributor in a proposed class action over so-called “combustible” cladding; and for the directors in the second stage of the Feltex shareholder class action (Houghton v Saunders). Matthew practised at Gilbert Walker for over 16 years before joining chambers and spent nearly a decade working at Clifford Chance and Davis Polk in London and at Covington & Burling in Washington, DC. He began his career as a Judges’ Clerk for the Rt Hon Dame Sian Elias (among others) before taking his LLM at New York University as a Fulbright Scholar and Hauser Global Scholar. Matthew is a member of the NZLS Litigation Skills Faculty, a member of the NZLS Law Reform Committee, and a member of a NZLS Standards Committee.