Take a deep dive into comprehensive examination of trustee obligations and trusts disputes. Explore the latest developments and challenges in trusts law. From recent Supreme Court decisions and the impact of Tikanga Māori on trust interpretation, to managing blended family requirements, difficult beneficiaries and trustee obligations you will gain insight, practical strategies and review the implications of recent law. Explore discovery requirements and arbitration of trusts disputes plus more. All essential guidance for your busy practice.

Presenters

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law
Vicki is the director at Vicki Ammundsen Trust Law Limited, which she established in 2015. Vicki is also the author of a number of books on trusts and trustees including Taxation of Trusts, ed 5, Trustee Liability, ed 2 and the Trustee’s Handbook, ed 5 (all published by Wolters Kluwer). She has presented at conferences in New Zealand and internationally on trust-related topics. Vicki also writes the blog Matters of Trust, which is a valuable trust and estate law resource. Vicki uses her day-to-day experience with trusts and estates and her deep knowledge of relevant case law to underpin her practical, solutions-focussed approach to dealing with a range of matters touching on trusts and estates. She firmly believes that trusts have an important role to play in inter-generational asset management, but that this is risked by a lack of understanding of effective or appropriate trust management that too often leads to misunderstanding or abuse.


Henry Stokes, Group General Counsel and Company Secretary, Perpetual Guardian
Henry Stokes has been in private practice and acted as in-house counsel for a combined period of over 29 years. He is currently Group General Counsel & Company Secretary, for Perpetual Guardian. Henry specialises in the areas of wills, estates, trusts (both family and charitable) and protection of personal and property rights matters, including appearing in the Family Court, High Court and Court of Appeal. Henry advises on all areas from the preparation and implementation stages through to the disputes, claims and proceedings stages. He is a key member of the Group Leadership Team at Perpetual Guardian which are responsible for the strategic direction of the Group. Henry is an advocate for the trustee industry working together to provide world class trustee services to New Zealanders.

Josh Taylor, Partner, Wynn Williams
Josh is a partner in the Firm’s national Dispute Resolution team. He frequently appears in the Court of Appeal, High Court, District Court, and several other specialist statutory or disciplinary tribunals. Josh is experienced in all areas of disputes, handles complex and high value matters, and has particular expertise in construction, property, and insolvency disputes. He acts for developers, head contractors, consultants, and subcontractors on disputed matters that arise both during and following the course of construction; including issues relating to delay, extensions of time and liquidated damages, retentions and performance bonds, variations, and defective works or design. Josh also provides advice on the negotiation and drafting of construction contracts. Josh also regularly handles disputes relating to companies and shareholders, commercial contracts, property rights, negligence, construction contracts, insolvency and director’s duties, alcohol licencing, and contentious trusts and estates. Josh is a member of the Society for Construction Law and the Restructuring Insolvency and Turnaround Association of New Zealand. He was recognised as a Rising Star in the NZ Lawyer Rising Stars List 2020. Outside of work Josh volunteers at Community Law and as a member of the Judicial Committee for the Canterbury Rugby Football Union.

Sam Carey, Barrister, Bankside Chambers
Sam is an experienced commercial barrister at Bankside Chambers in Auckland and a member of Bankside's Singapore office. He practices across all areas of commercial and related disputes, with particular expertise in commercial/contractual disputes, insolvency, negligence, trusts and equity, tax, land and company law. After receiving his degree Sam spent 5 years in the litigation department at Ashurst Morris Crisp in London. Upon returning to New Zealand he obtained a first class Master’s Degree in Law, specialising in Commercial Law. He went to the independent bar in 2005, working as a junior at Shortland Chambers for 2 years before becoming a member of Bankside Chambers in May 2007. Sam has appeared as counsel at all levels of the New Zealand courts, including tribunals, and has regularly represented clients in mediations, arbitrations and judicially-assisted settlement conferences. He has also acted as clerk to the tribunal in many international arbitrations.

Andrew Grant, Barrister, Bankside Chambers
Andrew Grant is a specialist civil and commercial litigator. He has a broad civil practice, with particular expertise in contract, company, tort, property and trusts disputes. Andrew is regularly instructed as counsel in complex trial and appellate proceedings at all levels of the New Zealand courts system. He also provides specialist advice and advocacy in other forums, such as international and domestic arbitrations, specialist tribunals and mediations. Prior joining Bankside Chambers, Andrew was an associate at a leading litigation and arbitration firm in New York City, where he regularly acted for clients in New York state and federal court, as well as in international arbitrations under the ICC, UNCITRAL, AAA, ICDR and ICSID Rules of arbitration. He was also a junior barrister at Shortland Chambers, where he acted in commercial disputes together with leading King’s Counsel and other senior barristers. Andrew holds an LLM from Harvard Law School, where he received honours grades in multiple commercial litigation papers. He also holds a BA/LLB (Hons) from the University of Auckland, where he awarded a number of prizes in advocacy, including the Auckland and New Zealand senior mooting championships, the prize for national best speaker, and the award for global best oralist at the Philip C. Jessup International Moot Court Competition in Washington DC. Andrew accepts instructions on matters around New Zealand and internationally. He is a member of Bankside Chambers Singapore, and may also be instructed on international arbitration matters there.

Theresa Donnelly, Legal Services Manager, Perpetual Guardian
Theresa Donnelly has a wealth of experience in elder law and trust related matters. Theresa graduated from Auckland University in 1992 and has over 30 years’ experience in private practice, government and in-house Legal. Theresa is currently the Legal Services Manager at Perpetual Guardian, and formerly Public Trust (Team Leader) and the Ministry of Social Development, where she was (lead Senior Public Law Team). She is a regular presenter and speaker for professional groups such as Legalwise, NZLS/CLE, TLANZ, CCH and other professional organisations.

Scott Fletcher, Barrister, Thorndon Chambers
Scott is a barrister in Woodward Chambers in Wellington, specialising in trust law, public law and Te Tiriti. Prior to joining the bar, Scott clerked for the Honourable Justice Miller in the Court of Appeal and was a junior barrister in Thorndon Chambers. He has argued cases in all levels of courts on a variety of different legal issues, including all three senior courts, Te Kooti Whenua Māori and the Family Court. Scott acted in the recent Re Edwards case in the Supreme Court on the Marine and Coastal Area (Takutai Moana) Act as well as the recent Hata v Attorney-General case on the terms of the Whakatōhea settlement. Scott also regularly assists clients in mediations and negotiations, particularly for trust disputes.

Ayleath Foote, Partner, Duncan Cotterill
Ayleath specialises in litigation, arbitration and dispute resolution, and provides advice and advocacy in cases before Courts at all levels. She has acted on many high value claims for insurers, trustees, beneficiaries and companies across a broad range of fields. Her focus is on high value, complex litigation as well as emergency relief. Before joining Duncan Cotterill, Ayleath worked as a senior associate in the litigation team at Freshfields Bruckhaus Deringer in London as part of the insurance and financial services group. There she worked on large scale litigation and advice for insurance syndicates and markets, listed companies, financial institutions and regulators. Ayleath has particular expertise in trust disputes. She has been involved in many high profile trust disputes. This included acting for the Great Christchurch Buildings Trust which successfully stayed the demolition of the Christchurch Cathedral, as well as well known beneficiary and trustee claims such as interests in the Kain v Hutton litigation. Ayleath understands that the mix of commercial enterprises, high value assets and family dynamics can be challenging to manage. As well as private trusts, she undertakes the restructuring and resettlement of Charitable Trusts, which require Court approval.

Kate Wiseman, Mediator, Arbitrator, Collaborative Barrister, Bankside Chambers
Kate is a dispute resolver active in mediation, arbitration and collaborative resolution. Her work encompasses a broad range of commercial, property and family disputes. She has particular expertise in resolving family disputes concerning trusts, estates, companies and relationship property. She has a special interest in governance disputes, especially those concerning shareholders, incorporated societies, charitable trusts and body corporates. Before coming to the law, she had a 20-year career in business. She has held governance roles continuously since 2004, currently as an elected member of the governing bodies of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) and the Collaborative Law Association of New Zealand.

Stephanie Irons, Director, Davenports Law
Stephanie enjoys advising on all aspects of asset planning, including reviews and restructuring of existing trust structures, as well as the establishment of new structures and trusts. She appreciates the importance of understanding each client, and their families, unique circumstances and objectives when advising on asset planning structures. Stephanie has assisted families in navigating contentious estate and trust matters, with a focus on constructive solutions. She also advises on all aspects of relationship property, including contracting out agreements and separations. Stephanie is a member of The Law Association Trust Law Committee. Outside of work, when Stephanie is not busy with her three young children, she loves running and watching stand-up comedy.