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Avoiding and Resolving Construction Disputes

Written by Nick Gillies on November 17th, 2015.

In New Zealand, construction is one of the larger sectors of the economy, contributing more than 6% of GDP and employing over 170,000.  At present, the sector is enjoying exceptional growth – at levels not been seen in 40 years.

 
 

Selecting and Tailoring Dispute Resolution Clauses

Written by Nick Gillies on October 7th, 2015.

Dispute resolution clauses are often relegated to the end of contractual negotiations or standard “boilerplates” are included with little or no thought as to their appropriateness....written by Nick Gillies
 

The Rules of the Game are Changing

Written by Nick Gillies and Michael O'Brien on June 23rd, 2014.

Nothing says excitement quite like the rules of civil procedure.  We might laugh at that statement, but such rules are important insofar as they govern the way cases are commenced and managed through to resolution.
 
 

Dotcom v United States of America [2014] NZSC 24

Written by Alan Sherlock and Shukti Sharma on May 7th, 2014.

Kim Dotcom’s anticipated Political Party aspirations may have taken a hit when the Supreme Court delivered a judgment against Dotcom.
 

New District Court Rules

Written by Nick Gillies and Michael O'Brien on March 21st, 2014.

Over the past few months the Rules Committee has been considering a total revamp of the District Court Rules (DCRs).  At the same time, Parliament has been considering the Judicature Modernisation Bill – which, if passed, will make significant structural changes to the court system.
 
 

Limiting Flow-on Effects of Contractor Insolvency

Written by Helen Macfarlane on November 11th, 2009.

You are the subcontractor and supplier of tiles to the cladding contractor on a major commercial construction project. Midway through the project, one of your payment claims is not paid. Some weeks later, you learn that the cladding contractor has had a receiver appointed. You have unpaid payment claims outstanding and have delivered tiles to the cladding contractor which are yet to be installed. What can you do?
 
 

Investor Losses: A Fruitful Ground for Class Actions?

Written by Helen Macfarlane on November 11th, 2009.

Helen Macfarlane compares the US and NZ situations for class actions and highlights some of the issues with this contentious area of legal practice. Helen worked on substantial litigations for many years in a large New York practice 
 
 

An update on ACC: Changes to the Accident Compensation Legislation

Written by Christina Bryant on November 11th, 2008.

Changes to the Accident Compensation legislation came into effect on 1 July 2005 . The changes abolish the concept of medical misadventure, which restricted cover under the Accident Compensation scheme to injuries resulting from medical error (negligence) and medical mishap (severe adverse consequences of treatment occurring in less than 1% of cases). The need to establish medical error was an anomaly in a "no fault" compensation system, which has now been
corrected.
 
 

Innovation the key to improved services

Written by Christina Bryant on November 11th, 2008.

One of Auckland’s oldest law firms, Hesketh Henry, has embraced technology to increase productivity and lower their costs to clients.
During a due diligence or discovery process, a great deal of time and money is spent by lawyers collating, reviewing and providing access to documents.
Hesketh Henry partner, Christina Bryant, says the use of electronic discovery and data rooms can greatly reduce these costs, as well as relieve pressure on the courts.
“This technology revolutionises the way law firms prepare cases and store client documentation, The benefits to our clients are enormous,” explained Ms Bryant
 
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