AREAS OF PRACTISE

Commercial Litigation

I am an experienced litigator specialising in resolving business, financial markets (securities), contractual, fair trading, insurance and negligence disputes. I have acted for a wide range of clients; individuals, businesses and government, in Court claims, appeals, mediation, judicial review, and disciplinary tribunal proceedings. I have also acted for insolvency practitioners, and for creditors against insolvency practitioners, in actions under the Receiverships and Companies Acts 1993.

Experience

My experience in litigation practice and procedure, and my forensic accounting experience, having worked previously as an insolvency practitioner, enables me to distinguish myself as an advocate who will:

• Listen to you to understand the issues

• Critically analyse financial information,

• Work with my clients to solve problems strategically

• Minimise business interruption for you.

Activities

• 2001 – 2006 New Zealand Credit and Finance Institute (NZCFI)

• 2002 - 2006 Elected Vice President Auckland Branch of the NZCFI

Presentations:

• 2020 Seminar to the 4th Annual Criminal Law Forum, Legalwise -case law update on Anti-Money Laundering and Countering Financing of Terrorism Act 2009

• 2019 Seminar to the 3rd Annual Criminal Law Forum, Legalwise -case law update on Anti-Money Laundering and Countering Financing of Terrorism Act 2009

• Seminars to financial advisers on obligations under the Financial Services Legislation Amendment Bill 2017

• APEC Seminar March 2012 on Civil Procedure in NZ

• FMA staff training during 2015 -2016 on the use of Administrative Orders under the Financial Markets Conduct Act

• Seminars and training to clients and staff on Personal Property Securities Act

• Seminars on the Hartner Collapse to the 3rd Annual credit Summit February 2002

• Seminar on Insolvency case law update to the New Zealand Credit and Finance Institute 2003

• Seminar to Credit Managers Forum at Totum July 2003

• Seminar to INSOL on costs against insolvency practitioners in August 2003

• Seminar on Credit Contracts & Consumer Finance Act 2003 November 2004

AREAS OF PRACTISE

Financial Markets Law

I am in a unique position to provide you compliance and defence advice, as I have insight into the operations of the regulator as a former founding senior solicitor appointed in 2011 to the Financial Markets Authority (FMA) litigation team. 

I will provide you with comprehensive legal advice because I understand the 4 fundamentals - statutory powers, statutory and equitable obligations, frameworks and procedures - under which our financial markets conduct regulator must operate.

Experience:

An example of the regulatory work I have undertaken to date are:

• Civil proceedings against directors of issuers on behalf of the FMA

• Disciplinary proceedings for breaches under the Authorised Financial Advisers Code of Professional Conduct in the Disciplinary Committee

• Assisting the Crown in prosecution of several high profile finance company collapses including interviewing, investigating, collating evidence, providing legal advice

• Providing advice on the processes and defences to Administration Orders by the FMA (e.g. Stop and Direction Orders) and Infringement Notices under the Financial Markets Conduct Act 2013

• Successfully defending FMA in appeals against the decision to direct the Companies Office, as the registrar of the Financial Services Provider Register, to de-register certain financial service providers

• Taking statutory appeals against the FMA

• Investigations and actions taken as a result of whistleblowers information provided under the Protected Disclosures Act 2000.

Since being in private practice I have specialised in defending against FMA regulatory action. With first hand knowledge of how regulatory legal proceedings progress, I am in a prime position to advise you if you become the subject of supervision or investigation action undertaken by the regulator.

AREAS OF PRACTISE

Insolvency

I advise insolvency practitioners, secured creditors, unsecured creditors and debtors on contentious and non-contentious matters relating to receiverships, liquidations, administrations and compromises.

I have worked as an insolvency practitioner prior to entering private practice as a lawyer.  That experience has provided me the background to understand the financial and emotional pressures on the parties; the directors of cash-strapped businesses, and the flow-on effect that has on their lenders and suppliers.  I am able to provide sound, reliable and speedy advice in situations where stress levels are running high.

I specialize in advising on the terms of receivers' appointments, indemnities, liabilities of directors, security priority issues and the sale of assets and businesses.

Experience

My insolvency litigation experience has included:

• Validity of appointment opinions;

• Court approval of liquidators remuneration;

• Voidable charges and transactions;

• Applications for directions by receivers and liquidators;

• Advising on priorities of securities interests;

• Setting aside related party transactions;

• Actions against directors for reckless trading;

• Setting aside Court ordered liquidations;

• Advising on protecting, or busting trusts, after events of insolvency.