Senior Associate

Anna Barnett

LLB (Hons) / BCom
Profile
Anna Barnett is a Senior Associate in the Disputes Team.

Anna attended Victoria University of Wellington, graduating with a Bachelor of Laws (Honours) and a Bachelor of Commerce and Administration.  After being admitted to the bar in 2007, Anna worked at Russell McVeagh before spending five years in London, where she worked at Clyde & Co LLP, specialising in insurance and transportation, and as in-house counsel with TMF Group, a multinational professional services firm.

Since joining Hesketh Henry in September 2017, Anna has advised on a wide range of commercial disputes, particularly in the areas of insurance, construction and transportation.  She has acted for a number of insurers, both in New Zealand and in the United Kingdom, and her insurance practice includes professional indemnity insurance (predominately in the construction sector), as well as general liability.  Anna is a member of the New Zealand Insurance Law Association.

Anna is also building her transportation practice, building on her experience acting for airlines, airports and ground handlers, and their insurers in London.  She is a member of the Aviation Law Association of Australia and New Zealand and the Women’s International Shipping & Trading Association.

Anna acts for clients in all types of construction matters, both front and back end.  She is familiar with all major forms of construction contract and has advised on bespoke contract terms. Anna is a member of the Society of Construction Law.

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Experience

Examples of work completed by Anna include:

  • Acting for insurers in respect of a number of High Court proceedings concerning the scope of cover for residential property damage caused by the Canterbury earthquake sequence.
  • Acting for an insurer in High Court and Court of Appeal proceedings which were effectively a test case for determining an at fault driver’s liability for rental cars hired by the not at fault driver from a credit hire companies. Anna has also advised other insurers in respect of the practices of credit hire companies in New Zealand.
  • Advising insurers in the United Kingdom in respect of claims made against its insureds, which were predominately airlines but also included airports and ground handlers, and subrogated recovery claims
  • Advising various airlines / shippers and their insurers on the Montreal Convention (formally, the Convention for the Unification of Certain Rules for International Carriage by Air) in respect of the international carriage of passengers, baggage and cargo, both in the United Kingdom and New Zealand.
  • Advising an airline on its potential liability in New Zealand following measures taken to prevent the spread of Covid-19.
  • Acting for insurers and their insured in a claim against a manufacturing company for negligence / breach of the Consumer Guarantees Act following an electrical fire at the insured’s residential property (which destroyed much of the documentary evidence that would usually be required to support such a claim). A favourable settlement was achieved at mediation.
  • Advising a global engineering firm on its project specific PI policies in respect of a large scale infrastructure project.
  • Acting for the design joint venture on a large scale roading project in respect of High Court proceedings brought by the design and construction joint venture.
  • Acting for a global engineering firm on a multi-million dollar variation dispute in adjudication proceedings under NEC3.
  • Advising TMF Group (in her capacity as in house legal counsel) on its dealings with the financial services regulators in the Channel Islands, including the appointment of independent Inspectors by the Jersey Financial Services Commission.
  • Advising TMF Group on a number of proceedings brought against it in the Channel Islands and England and Wales, following an unsuccessful large scale property development scheme that TMF Group had a role in managing.
Recommendations
Publications

Insights & Opinion / Anna Barnett

Entitlement to Indemnity under Marine Transit Insurance
The decision of the Full Federal Court of Australia in Swashplate Pty Ltd v Liberty Mutual Insurance Company trading as Liberty International Underwriters addresses the issue of when risk attaches pur...
Xu v IAG New Zealand Ltd [2019] NZSC 68
The Right to Replacement: It’s Personal
22.07.2019 Posted in Insurance Law
CONSTRUCTION LAW UPDATE – JUNE 2018
Recent Construction Law Decisions and Developments in New Zealand
18.06.2018 Posted in Construction Law
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