My first exposure to litigation was from the other side of the bench. I spent two years as a Judges’ clerk in the High Court before cutting my teeth, as an advocate, in the Cook Islands where I appeared in both the High Court and the Court of Appeal on criminal matters, ranging from minor offending to cases alleging rape and indecent assault, and a variety of civil matters including personal injury, judicial review and employment disputes. I made up for a lack of experience with confidence, tenacity – and hard work.
I maintain a practising certificate in the Cook Islands
I returned to New Zealand in 2001 and joined Keegan Alexander, becoming a partner in 2009 where I remained until 2022. While still acting on some criminal matters, my focus has been on civil matters. I advise liquidators and receivers and have a thorough knowledge of the Companies Act 1993 and company law generally. From that I have effectively represented parties caught in shareholder disputes and have successfully guided clients through intertwined matters involving both legal and fiduciary obligations such as partnerships and joint ventures. I have acted on many relationship property matters, generally involving substantial assets and complex trust arrangements. One of those, a Cook Islands case, culminated in a hearing in London before the Privy Council.
I have a sound knowledge and understanding of the complexities arising from trusts and the imposition of the rules of equity to many personal and commercial relationships. I have a particular interest in restitutionary remedies arising from unjust enrichment, in its many guises, and from equitable wrongs such as dishonest assistance and knowing receipt of trust property. I also act on matters involving breach of contract, torts such as negligence and property matters that might extend from lease disputes to body corporate matters.
My clients include body corporates, companies, professional firms, individuals, trustees and insolvency practitioners.
I have presented seminars for the New Zealand Law Society on costs in civil proceedings, the Law Association on civil procedure and have presented and chaired seminars for Legalwise NZ on property and education issues. I have also presented for the Cook Islands Law Society and have written for the New Zealand Law Journal, Law News and Property Lawyer. I am a contributing author of Civil Procedure: District Court and Tribunals (Thomson Reuters, NZ).
Traditionally the legal profession is divided into two branches, solicitors and barristers.
Solicitors receive their instructions directly from the public and attend to personal and transactional matters. They may practice in partnership with other solicitors and usually do.
Barristers are specialist advocates. Traditionally they had rights to appear in the superior courts that solicitors did not have. That is not the case in New Zealand. Lawyers practising as barristers and solicitors have the same rights of audience and, in New Zealand, many very capable advocates do practice in partnership as barristers and solicitors. However, there are important points of difference:
