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