Litigation

26 June 2014
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Gallavin on Litigation: Demeanour evidence as the backbone of the adversarial process?

By Dr Chris Gallavin One of the real pleasures of working at a university is the thoroughfare of constant student enquiry where students challenge preconceptions about the law and its structure, its form, its provenance and its legitimacy. This is particularly so in the context of postgraduate supervision where I ... More about Gallavin on Litigation: Demeanour evidence as the backbone of the adversarial process?.

26 June 2014
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Paperless jury trial

By Nathan Speir The concept of a paperless law office is well established. A simple Google search will reveal several New Zealand firms that have already transitioned to a paperless (or at least less-paper) practice. The idea of going paperless in court however, especially in a jury trial, is not ... More about Paperless jury trial.

11 December 2013
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The Electronic Bundle Practice Note

By Justice Helen Winkelmann, Chief High Court Judge The High Court is introducing an Electronic Bundle Practice Note which can be found at www.courtsofnz.govt.nz/business/practice-directions. The Practice Note was developed by a working party of the Rules Committee made up of judges and representatives of the profession. It was developed as ... More about The Electronic Bundle Practice Note.

11 December 2013
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Gallavin on Litigation: Pleadings, judicial intervention and the rule of unintended consequences

by Dr Chris Gallavin In August I had the pleasure of attending the conference of the New Zealand Bar Association in Queenstown. The weekend was thoroughly enjoyable with a range of presentations that were both stimulating and challenging. Procedure was a particular theme of the conference with a mix of ... More about Gallavin on Litigation: Pleadings, judicial intervention and the rule of unintended consequences.

11 December 2013
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Gallavin on Litigation: Organisation and Guts: the key to filing effective pre-trial applications?

by Dr Chris Gallavin The sales pitch of any evidence and procedure scholar worth his or her salt goes something like this: “If you master the rules of evidence and procedure then you can negate the necessity of trial advocacy in a great many cases.” The pre-trial destruction of the ... More about Gallavin on Litigation: Organisation and Guts: the key to filing effective pre-trial applications?.

12 March 2013
By NZLS

Accountability for the Administration and organisation of the judiciary

How Should the Judiciary be Accountable for their Work beyond the Courtroom? A discussion by Judge Jan-Marie Doogue, Chief District Court Judge of New Zealand, Judge Colin Doherty, Chair of the District Courts of New Zealand’s IFCE Committee and Jeff Simpson, Legal Research Counsel to the Chief District Court Judge. ... More about Accountability for the Administration and organisation of the judiciary.

15 December 2011
By NZLS

Court holiday dates, Christmas-New Year 2011-12

Northern Region High Courts Auckland, WhangāreiClose: 5pm, Friday 23 December Open: 9am, Wednesday 4 January District Courts Auckland, Manukau, North Shore, Waitakere,WhangāreiClose: 3pm, Friday 23 December Open: 9am, Wednesday 4 January Dargaville, Kaikohe, Kaitaia, Papakura, PukekoheClose: 5pm, Thursday 22 December Open: 9am, Monday 9 January WarkworthCloses: 3:30pm, Wednesday 21 December ... More about Court holiday dates, Christmas-New Year 2011-12.

18 November 2011
By Andrew King (E-Discovery Consulting)

Promoting the new discovery rules

Just how important it will be for practitioners to follow the new discovery rules was highlighted at a series of NZLS CLE Ltd seminars held throughout the country in late October 2011. We were fortunate to have two High Court judges with us in Justice Asher and Justice Fogarty. The ... More about Promoting the new discovery rules .

25 October 2011
By Pam Davidson

Resistance to e-litigation is futile

When winter descends upon New Zealand, where else should one be but attending a conference in a place where winter has not descended and will never descend? So it was that on 11 and 12 August 2011, I was in Singapore attending the International Conference on Electronic Litigation organised jointly ... More about Resistance to e-litigation is futile.

11 October 2011
By NZLS

Single Probation Report for Courts

Community Probation Services (CPS) is introducing a new single report to advise courts. The new report format will be phased in between 1 November 2011 and 31 March 2012. “Based on feedback from consultation, we have developed a single report that is clear and concise and meets the requirements under ... More about Single Probation Report for Courts.

11 March 2011
By NZLS

In defence of defence counsel

Defence lawyers, particularly those who accept legal aid assignments, have had a lot of bad press lately, according to Criminal Bar Association president Adriana Pinnock. Legal aid payments The repeated accusations of excessive income earned from legal aid and of incompetence have “unjustly tainted us all,” she says. “While public ... More about In defence of defence counsel.

13 December 2010
By NZLS

Suppliers of barrister gowns

This information is provided as a service to Law Society members and does not infer any recommendation by the Law Society of particular suppliers. Pricing information is GST inclusive and obviously subject to change, but is included to give an indication of prices. New Zealand-based suppliers The Kate Edger Educational ... More about Suppliers of barrister gowns.

10 December 2010
By NLZS

Review of treatment and conditions for young people in Police custody

Three New Zealand agencies are to conduct a joint review of the treatment and conditions experienced by children and young people in Police custody to ensure it is safe, humane and meetings international standards. The review is being conducted under the United Nations OPCAT framework (Optional Protocol to the Convention ... More about Review of treatment and conditions for young people in Police custody.

10 December 2010
By NZLS

Court User Survey 2010 Results

Courts Minister Georgina te Heuheu has released results from a comprehensive survey of New Zealand court users. Understanding our Court Users: Court User Survey 2010 was compiled by research company Colmar Brunton from 2,037 face-to-face interviews with non-professional court users from the 8 largest District and combined District/High Courts around ... More about Court User Survey 2010 Results.

17 November 2010
By RJ Johnson, Chief District Court Judge

Practice Note – Gowns in DC

PRACTICE NOTE – COUNSEL DRESS IN DISTRICT COURT JURY TRIALS This direction in relation to dress of Counsel in jury trials held in District Courts in New Zealand will take effect on 28 February 2011. All Counsel appearing as Counsel in a jury trial in a District Court in New ... More about Practice Note – Gowns in DC.

10 November 2010
By NZLS

Court appointed counsel guide

The Ministry of Justice manages the expenditure of funding for court-appointed counsel (including Youth Advocates, Lawyer for the Child and other court-appointed counsel). From 1 December 2009, the Ministry requires invoices and requests for extensions submitted by court-appointed counsel to follow the processes set out below. Invoicing Invoices must adhere ... More about Court appointed counsel guide.

10 November 2010
By NZLS

Protection orders easier to get

Principal Family Court Judge Peter Boshier says research shows it is easier now to get a protection order without notice than ever before. Between July 1998 and June 1999, 4322 permanent orders were granted, compared with 2595 in the year to June 2010. Temporary orders went from 5247 to 3171 ... More about Protection orders easier to get.

10 November 2010
By NZLS

Child relocation instruments

Judge Boshier calls for relocation instrument Lawyers and the Courts should have access to a soundly research based international instrument setting out a uniform standard on what is in a child’s best interest when one parent wishes to relocate, Principal Family Court Judge Peter Boshier says. Speaking at an International ... More about Child relocation instruments.

10 November 2010
By Daniel Ayers

Computer Forensic Evidence

Computer forensic experts use software programs to aid the collection and analysis of electronic data. The output of a computer forensic program may be introduced as evidence by an expert and used as the basis of expert opinion. Courts and practitioners may expect that forensic programs are guaranteed to be ... More about Computer Forensic Evidence.

10 November 2010
By NZLS

Medical evidence comment

Dr Min Lo and Dr Clare Healy on behalf of Doctors for Sexual Abuse Care, comment on a case covered in LawTalk 753, 28 June 2010 and Warren Pyke’s commentary on medical evidence in sexual offence cases. They say: What may not have emerged from the commentary are several important ... More about Medical evidence comment.

10 November 2010
By Warren Pyke

Medical evidence

In Tuhura v The Queen, CA493/2009, 10 June 2010, the Court of Appeal considered medical evidence called by the Crown from a Doctors for Sexual Abuse Care (DSAC) doctor opining that certain injuries to the genitalia of the complainant were strongly indicative of non-consensual sex. Although this type of opinion ... More about Medical evidence.

10 November 2010
By NZLS

Daily recovery rates 2010

The new daily recovery rates for proceedings in the High Court and District Courts took effect on 24 May 2010. The new rates are as follows: High Court The following are the appropriate daily recovery rates for the categories of proceedings referred to in Rule 14.3 of the High Court ... More about Daily recovery rates 2010.