“Better to settle” ... but make sure your settlement is watertight and tax effective. Solving litigation disputes starts from the initial negotiations, Calderbank offers and without prejudice discussions through to crafting of watertight agreements. Obtain a best practice guide to ensure that your settlement accurately reflects the agreement, plus a roundup of tax and GST implications from its terms. Investigate when it’s possible to reopen a settlement and best steps to enforce an agreement. 

Presenters

Mr. Ben Russell, Partner, Lane Neave
Ben is a litigation specialist with broad expertise in commercial litigation and insolvency. He regularly advises clients on a range of commercial issues, including contractual, property, trust, fair trading, and shareholder disputes. Ben often gives advice to business involved in the agriculture, tourism, commercial property and financial services sectors. Ben regularly represents clients in the High Court and at arbitrations and mediations. Throughout Australia and New Zealand He has been involved in advising administrators, liquidators, receivers, secured lenders and other stakeholders in complex corporate insolvencies, particularly in relation to contentious aspects. Ben applies a strategic and pragmatic approach to resolving complex commercial disputes. Before joining Lane Neave in 2008 he was at another national New Zealand Law firm in Auckland and before that he spent 4 years at a national firm in Sydney, Australia.


Mr. 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.


Mr. Shane Swinerd, Senior Associate, Wotton + Kearney
Shane is experienced advising on material damage, business interruption and general liability matters, including litigation arising from the Canterbury and Kaikoura earthquakes. He regularly appears in the District Court, High Court, Canterbury Earthquake Insurance Tribunal, and in mediations and judicial settlement conferences. He also advises on compliance, fire and general, public and product liability, and statutory liability matters. He is recognised as an effective advocate with a particular specialty in negotiating and/or mediating successful outcomes. Clients praise his ability to collaborate with their businesses, distil issues, and provide digestible, pragmatic and commercial advice that is easily understood by all. Shane has been recognised as a ‘Rising Star’ in the Asia Pacific Legal 500 2021 insurance rankings and was named in the inaugural NZ Lawyer Rising Stars list for 2020. He was also a finalist for Young Private Practitioner of the Year in NZ Lawyer for 2020.


Ms. Emma Gabor, Principal, Gabor Law
Emma Gabor is the principal of Gabor Law, a boutique law practice based in Wellington offering insurance and civil disputes services. Prior to setting up her own firm in September 2020, Emma worked for five years as a Claims Counsel in the Liability team at IAG New Zealand, managing professional indemnity, public liability, D&O, and a range of other liability claims, including disciplinary complaints against professionals. Prior to that, she worked for seven years in a national law firm where she advised leading insurance companies on issues involving material damage, business interruption, statutory and public liability policies, and the litigation related to the Canterbury earthquakes. Building on the Canterbury experience, Emma has just completed a PhD investigating what can be done to improve insurance claims for multi-unit buildings such as body corporates, cross-lease properties, and freehold townhouses. Emma is a co-president of the Women in Insurance network in Wellington, as well as the Convenor of the Independent Practitioners Committee, a Law Society committee which supports sole and small practitioners in Wellington.


Mr. Christopher 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.