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.

Description

Attend all sessions to SAVE MORE and earn 10 CPD Hours

Civil Litigation: Effective Case Preparation and Management

Wednesday, 15 January 2025

Struggling with drafting legal documents or managing your cases effectively? Don’t risk missing critical insights that could jeopardise your case management. Attend and break down the challenges of drafting statements of claim, defences, and replies with precision. Learn how to prepare evidence, navigate pre-trial procedures and handle negotiations like a pro. Packed with real-world examples and actionable tips, be assured of more smooth case progression and achieve the outcomes your matters deserve. Don’t miss this opportunity.

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 October 2024

Tips for Effective Case Progression: A Panel Discussion

Initial roadblocks to consider and look for: conflict, clients’ expectations, collection of evidence
Tips on effective case progression
Why is it important to conduct the matter as if it will not settle
Preparation for trial, avoiding common distractions

Panellists:
Jai Moss, Barrister, Canterbury Chambers
Dan Parker, Barrister, Capital Chambers
Rachael Irvine-Shanks, Senior Associate, Chapman Tripp

Learning Objectives:

Receive practical skills and insights on best practice to drafting statement of claim, defence and reply
Gain a comprehensive overview of effective case preparation and management of evidence and pre-trial procedures
Examine the best negotiation techniques and strategies to achieve the best outcomes
Get valuable tips, insights and takeaways from an experienced panel of litigators on effective case progression

Drafting the Statement of Claim, Defence and Reply: Best Practice with Case Examples

What makes a good pleading and why is it so important
Basic principles for the Statement of Claim, Defence and Reply and the different approaches to each
The distinction between facts and evidence and how and when to plead particulars
Structure of the pleading
Case examples: best practice and things to try and avoid

Presented by Jai Moss, Barrister, Canterbury Chambers

Effective Case Preparation and Management: Preparation of Evidence and Pre-Trial Procedures

Examining your case: what you need to / want to establish and how you will do that
Briefs of evidence: fact, expert, will-say statements from subpoenaed witnesses
Documentary evidence
Admissibility challenges / responses
Agreeing order of witnesses and any time limitations on presentation of evidence / cross examination
Use of litigation support providers re on-line documents
Pre-trial conference(s)
Common b undle
Amending pleadings to conform with evidence
Preparation of opening submissions

Presented by Chris Patterson, Barrister, Chris Patterson Barrister

Preparation for the Negotiation: How to Prepare Yourself, Your Client and the Other Parties to Achieve the Desired Outcome

Assessment of the options, needs and interests, risks and possible outcomes 
Negotiation techniques and strategies
Skills common to good negotiators 
Dealing with obstacles and impasse situations
Exploring ways to solve the dispute and reach agreement
Sealing the deal: things to remember when documenting the agreement

Presented by Dan Parker, Barrister, Capital Chambers

Chair:

Bill Gambrill, Special Counsel, Martelli McKegg Lawyers

Attend and earn 4 CPD hours

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Presenters

Jai Moss, Barrister, Canterbury Chambers
Jai Moss is a barrister at Canterbury Chambers. He has practiced as a barrister for 10 years and has a broad practice in civil and commercial litigation specialising in contract and commercial disputes, Companies Act matters, defamation, estate and trust matters, insurance, insolvency, professional negligence, and tort. Jai has appeared as junior counsel in the Supreme Court and lead counsel in the Court of Appeal, High Court, District Court, various Tribunals and arbitrations. Jai has also been appointed amicus curiae by the High Court. Jai graduated with Honours from Canterbury University in 1997 and is qualified in New Zealand and New South Wales, Australia. Prior to joining the independent bar, he worked in Magic Circle firms in London, and national and boutique law firms in Sydney and Christchurch.

Dan Parker, Barrister, Capital Chambers
Dan is an advocate with over 30 years’ civil litigation experience. He specialises in construction, insurance, and commercial and property litigation together with trust disputes, judicial review and other civil matters. He has been at the forefront of class action litigation having represented the plaintiff group in their claim against James Hardie since 2015, initially to obtain orders to proceed as a representative action and then in 2020 as counsel in the four month hearing in the High Court followed by the appeal in 2022. He had earlier involvement in the Kiwifruit claim to obtain representative orders. He began practice at Cuningham Taylor in Christchurch, followed by eight years at Philips Fox (now DLA Piper) in Wellington. He founded specialist litigation practice Parker & Associates in 2001. in 2021 he began practice as a barrister at Capital Chambers in Wellington. He has been a regular presenter of seminar papers for the Law Society and Legalwise Seminars.

Rachael Irvine-Shanks, Senior Associate, Chapman Tripp
Rachael Irvine-Shanks is a Senior Associate at Chapman Tripp, based in the firm’s Auckland office. Rachael has experience advising domestic and international clients in the conduct of complex commercial litigation in the High Court and alternative dispute resolution forums. She advises clients on a broad range of commercial disputes but has particular experience in contractual disputes, product liability claims, regulatory and competition proceedings and class actions. Prior to re-joining Chapman Tripp in 2016, Rachael worked for four years at Freshfields Bruckhaus Deringer in London, where she advised on multi-jurisdictional investigations and related regulatory proceedings.

Bill Gambrill, Special Counsel, Martelli McKegg Lawyers
Bill is a commercial litigation lawyer at Martelli McKegg, solicitors in Auckland. Admitted in 1992, Bill worked in New Zealand and the United Kingdom, before moving to Dubai in 2005. Bill joined Martelli McKegg from Dubai at the beginning of 2020. His New Zealand career has been in the fields of insolvency proceedings, directors’ duties claim, trust litigation, conflict of laws and enforcement of foreign judgments. In Dubai, Bill acted in proceedings before the English-language, common law courts established in Dubai's International Financial Centre, and also in a number of arbitrations. Bill also worked on cross-border disputes. Bill is a member of the Restructuring Insolvency and Turnaround Association of New Zealand, and a member (associate status) of the Arbitrators' and Mediators' Institute of New Zealand (AMINZ).

Chris Patterson, Barrister, Chris Patterson Barrister
Chris joined the independent bars of New Zealand in 2001 and New South Wales in 2003, where he practiced concurrently for a decade. Chris’ specialist areas are dispute resolution and litigation. He is also the host of the Law Down Under podcast. Chris has an LLM from the University of Melbourne. He is a FIBA Legal Commissioner and a FIBA disciplinary panel member. Chris has been teaching the topics of factual analysis and trial preparation since 2015 to new and experienced lawyers.

David vs Goliath: Inside Class Actions in New Zealand

Monday, 17 March 2025

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

* 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

Case Review: Recent Cases Updates

Common fund orders
Common issues/interests
Competing class actions

Presented by Grant Shand, Principal, Grant Shand Barristers and Solicitors

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

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

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

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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.

Settling Litigation: Key Issues to Consider

Thursday, 27 March 2025

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.

Calderbank Offers: Getting the Structure Right and Avoiding an Ineffective Offer

Establishment of the rule in Calderbank v Calderbank [1976] Fam 95, [1975] All ER 333 (EWCA)
Practical tips for structuring an offer and avoiding traps for new players
What happens when it all goes wrong: cautionary tales from the courts

Presented by Kate Rouch, Senior Associate, Dentons

Learning Objectives:

Understand how to get your Calderbank offer right to avoid an ineffective offer
Learn what content is and isn’t covered under a Without Prejudice exclusion
Know when settlement payments are taxable or non-taxable
Hear how to do settlement discussions well during mediation

Description

Chair:

Damian Chesterman, Barrister, FortyEight Shortland

Without Prejudice Conversations: When What is Said is not Covered by the Without Prejudice Exclusion

What are the basic rules about without prejudice communications?
What content is protected by the without prejudice umbrella?
Is a communication actually without prejudice just because it is labelled or agreed to be?
Can you dissect out parts of without prejudice communications as on the record and susceptible to being admissible evidence? (This includes documents that may be sent on this basis)
What are the dangers and concerns for lawyers as counsel engaging in without prejudice communications directly with the other side?

Presented by Paul Dalkie, Barrister

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

How To Do Settlement Discussions Well: Commercial Mediation

Gain an insider’s guide to: ‘the haggle’, getting creative with settlement, getting past impasses, dealing with difficult people, and sealing the deal.
Presented by Mark Kelly, Barrister, Bankside Chambers; Commercial Mediator

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Presenters

Chris Harker, Partner, Mayne Wetherell
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.

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.

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 a 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 disputes involving: general commercial issues, construction, insurance, intellectual property, trusts and estates, relationship property, rural and 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 and 2024 he was named as one of New Zealand’s 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.

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Civil Litigation: Effective Case Preparation and Management

Presenters

David vs Goliath: Inside Class Actions in New Zealand

Presenters

Settling Litigation: Key Issues to Consider

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Dispute Resolution Law Bundle

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Dispute Resolution Law Bundle

Civil Litigation: Effective Case Preparation and Management

Presenters

David vs Goliath: Inside Class Actions in New Zealand

Presenters

Settling Litigation: Key Issues to Consider

Presenters

Dispute Resolution Law Bundle

CHOOSE YOUR SESSION ANDDELIVERY MODE BELOW

About

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CHOOSE YOUR SESSION AND
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