Associate

Rob McStay

BA / LLB (Hons)
Profile
Rob McStay is an Associate in the Litigation & Dispute Resolution team

Rob graduated in September 2015 with a BA/LLB (Hons) from the University of Auckland.  He was admitted to the bar in July 2016.  In February 2016, Rob joined Hesketh Henry’s Litigation & Dispute Resolution team, where he primarily acts on construction and employment matters.

Rob helps the Employment team with various contentious and non-contentious employment issues including drafting and amending employment agreements and policies, and advice on Health & Safety and Holidays Act issues.  He frequently assists with mediations, Employment Relations Authority (ERA) investigations and Employment Court hearings.

Rob is also a member of the construction team and assists clients with various construction disputes and has been involved in several adjudications (under the Construction Contracts Act 2002) and mediations.  Rob is a developing a focus on front-end construction contract review and advice.  As such, he is familiar with standard form agreements (such as NZS 3910 / 3916, SA-2017, MBS), and regularly drafts and advises on either bespoke special conditions or entire contracts. 

Rob previously acted for insurers across a range of claims, including defending claims against insureds and litigation arising from the Canterbury Earthquake Sequence. 

Rob has contributed to several chapters for LexisNexis’s Practical Guidance – Insurance on-line publication.  He also assisted with the New Zealand chapters of Lexology’s “Getting the Deal Through” publications for Construction & Shipping.

Rob is a member of the Society of Construction Law (SCL).

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Experience

Examples of work completed by Rob include:

  • In 2018, Rob appeared as junior counsel at an Auckland High Court proceeding defending a contractor’s application to set aside a statutory demand following a payment claim dispute on a construction project.
  • In 2019 Rob appeared as junior counsel for an insurer in relation to two sets of consolidated proceedings which culminated in a 6-week hearing.  The proceeding was the first of its kind to involve electronic casebooks at the High Court in Christchurch.
  • Drafting and negotiating a construction contract for a large medical centre project.
  • In 2020, Rob appeared as junior counsel in a 2-day Employment Relations Authority investigation regarding an employee’s redundancy issues.
  • Assisting on various employment issues, including disciplinary procedures, redundancy and restructuring processes, post-employment obligations, holidays and leave advice, and health and safety matters.
Recommendations
Publications

Insights & Opinion / Rob McStay

COVID-19: Insolvency law changes
On Friday afternoon the government announced temporary changes it intends to make to the Companies Act 1993 (the Act) to assist companies facing financial stress during the COVID-19 pandemic. Summary ...
06.04.2020 Posted in COVID-19 & Insolvency and Restructuring
Ebert Construction: Court provides Guidance on the Retentions Trust Regime
Following our previous updates (Ebert Construction Receivership – What You Need to Know and Ebert Construction – Receivership and Liquidation), on 12 November 2018 the High Court ordered that the ...
EBERT CONSTRUCTION: RECEIVERSHIP AND LIQUIDATION
Introduction Following our Initial Note, the receivers of Ebert Construction Ltd (Ebert) released their first report on 1 October 2018.  Then, on 3 October 2018, Ebert put itself into liquidation, wi...
The Shipping Law Review
The Hesketh Henry marine team pen the New Zealand chapter of The Shipping Law Review
26.07.2018 Posted in Maritime
CONSTRUCTION LAW UPDATE – JUNE 2018
Recent Construction Law Decisions and Developments in New Zealand
18.06.2018 Posted in Construction
Getting the Deal Through: Shipping
Getting the Deal Through works with many of the best lawyers and law firms in the world
10.10.2017 Posted in Maritime
Insurance Case Law Update April 2017
Our Insurance Law team has written a new publication for LexisNexis, known as Insurance Practical Guidance.  This is the first on-line insurance law product of its kind in New Zealand. This update pr...
18.04.2017 Posted in Insurance
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