The Law Down Under Podcast

The Law Down Under Podcast with Barrister Chris Patterson, where we give you insights into the law in New Zealand and Australia, its application and future. Each episode features a new guest who will stimulate your interest in the law and give you a greater understanding of the legal issues that help shape our justice system. We thank you for tuning in and enjoy the podcast.

The Law Downunder

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August 08 2022 E17 Corporate Insolvency - With Hon Paul Heath QC

On today’s episode of The Law Down Under podcast, we interview the Honourable Paul Heath QC, who specialises in insolvency law. Paul was appointed a Queen’s Counsel in 1998.  He has served as a Law Commissioner as well as a New Zealand High Court Judge for 16 years. He is currently a member of Bankside Chambers in Auckland and Singapore.  He is also an Associate at South Square in London, where he practises as an arbitrator and mediator in domestic and international disputes. We discuss Paul’s expansive career before delving into his specialist area of insolvency law, focusing particularly on cross-border insolvency. We review some of the mechanics of corporate insolvency and conclude by evaluating New Zealand’s approach to cross-border insolvency. I hope you enjoy this episode with Paul Heath QC.

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July 22 2022 E16 Justice and Legal Apps - With Profs Bin Li and Tania Sourdin

On today's episode of the Law Down Under Podcast, we interview Profs Bin Li and Tania Sourdin from the University of Newcastle Law School. Prof Li is an expert on all things law and technology, working to shed light on how new technologies are used within the justice sector and how they impact dispute resolution processes. Prof Sourdin is the Dean and Head of Law School, and has had an extensive career focusing on justice, litigation, conflict avoidance and dispute resolution. In this episode, we discuss how these interests were sparked and the sort of technology that is being introduced into the justice sector. We take a look at justice apps and what they really offer for the legal industry, for self-represented litigants and legal education, as well as what their limitations may be. Finally, we discuss where Profs Li and Sourdin see the future of digital technology use in the justice sector going. This is an unmissable episode for all those interested in the role technology plays in the justice system. I hope you enjoy this episode with Profs Bin Li and Tania Sourdin.

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July 15 2022 E15 International Cultural Heritage Law - With Lucas Lixinski

In today’s episode of The Law Down Under Podcast, we interview Dr Lucas Lixinski, a Professor at the Faculty of Law and Justice at the University of New South Wales, Sydney. Lucas is a highly qualified international law expert, focusing his work on international cultural heritage law and international human rights law. In this episode, we discuss the role of cultural heritage law in protecting cultural identity in times of transition. We discuss some international organisations which exist to protect and promote cultural heritage. Lucas has recently published book “Legalised Identities” which comprehensively covers this area of law and contains several outtakes that are relevant to both the Australian and New Zealand contexts. We discuss the ANZAC corpses as heritage and events like the sinking of the Rainbow Warrior and the importance of underwater heritage. We end the podcast by discussing the idea of cultural heritage as pragmatism. This is must listen to episode for anyone interested in international cultural heritage law and its application here Down Under. I hope you enjoy this episode with Dr Lucas Lixinski.

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July 08 2022 E14 Aboriginal Input into Constitutional Reform - With Prof Megan Davis

On today’s episode of The Law Down Under Podcast, we interview Professor Megan Davis. Professor Davis is the Pro Vice-Chancellor Indigenous at the University of New South Wales, Sydney and is a renowned constitutional lawyer and public law expert. She works nationally and internationally as an advocate for indigenous rights. As the five year anniversary of The Uluru Statement of the Heart approaches, we discuss the significance of the statement, as well as Megan’s substantial involvement as the person to give the first public reading. We also discuss the relevance and implications of the High Court’s decision in Mabo. This is a must-listen episode to hear from an expert in this area of the law and on what Australia’s constitutional reforms may include. I hope you enjoy this episode with Professor Megan Davis.

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June 17 2022 E13 Law of the Sea - With Dr Natalie Klein

On today’s episode of The Law Down Under Podcast, we interview a Law of the Sea (including Human Rights at Sea) expert, Dr Natalie Klein. Dr Klein is a professor at UNSW, Sydney, where she teaches and researches in areas of international law, in particular the law of the sea and international dispute settlement. We discuss what drew Natalie to this area of the law, as well as what the law of the sea generally encompasses and its impact on Australia and New Zealand. Further discussed is maritime security, including the most pressing threats, law enforcement and options for legal reform.  Natalie provides insight into the area of Human Rights at Sea and the possible impact of the Geneva Declaration for Human Rights at Sea which is currently undergoing public consultation.  We also discuss the law of sharks which is the topic of a book she co-authored. This is an unmissable episode for all those interested in the law of the sea. I hope you enjoy this episode with Dr Natalie Klein.

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May 29 2022 E12 Succession Law - With Adrian Corbould

On today's episode of The Law Down Under Podcast, we interview Adrian Corbould, a a partner and accredited specialist in contested wills and estates, heading the team at Turnbull Hill Lawyers in New South Wales. Adrian has a plethora of experience in Will Disputes, Contested Wills, Challenged Wills, Family Provision Claims and Inheritance Disputes in New South Wales. He is also the host of the successful video series 'Battle of the Wills'. This episode discusses Adrian's career development, from serving in the Army to having primary carriage in one of the most frequently cited cases involving adult child claimants in estate disputes. Further discussed is Adrian's video series 'Battle of the Wills', in particular, what drove Adrian to host this series, what he has learnt from it and what its future may be. We also discuss the key recommendations from the New Zealand Law Commission's report on succession law and its recommendation that a new Act titled:  Inheritance (Claims Against Estates) Act be introduced in New Zealand to replace the existing suite of legislation that govern succession law in New Zealand.  This is a must-listen episode for those interested in hearing from a leading Wills and Estates litigation lawyer in New South Wales. I hope you enjoy this episode with Adrian Corbould.

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May 17 2022 E11 Trust Law - With Vicki Ammundsen

On today’s episode of The Law Down Under Podcast, we interview Vicki Ammundsen, the director of Vicki Ammundsen Trust Law and an expert in trust and estate law. Vicki is a highly regarded conference and webinar presenter with extensive experience in the creation and management of client trusts. She has published numerous books and created the blog ‘Matters of Trust’. This episode discusses many of the aspects of Trusts and the issues arising from them. Further discussed is the role of trusts in modern family and business management and Vicki’s thoughts on the future of trust law in New Zealand. This is a must-listen episode for those interested in trust and estate law. I hope you enjoy this episode with Vicki Ammundsen. 

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May 16 2022 E10 Commercial Mediation - With Mark Kelly

On today’s episode of The Law Down Under Podcast, we interview commercial mediator, Mark Kelly. Mark is a highly regarded and is one of New Zealand’s leading commercial mediators. Resolving commercial disputes through the court system can be time-consuming, expensive, complex and uncertain.   Mediation offers an alternative platform to obtaining a resolution rather than one that is handed to the parties by a judge or arbitrator. In this episode, we talk with Mark about what exactly is mediation, why he transitioned from counsel to becoming a mediator, as well as some of the more technical aspects of mediation and negotiation generally. I hope you enjoy this episode with Mark Kelly. 

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February 13 2022 E9 Criminal Defence - With Emma Priest

On today's episode of the Law Down Under Podcast, we interview Emma Priest. Emma Priest is an experienced criminal defence lawyer. We talk about Emma’s early career in private practice and as a Crown Prosecutor. As a Crown Prosecutor, Emma conducted hundreds of indictable prosecutions including appearing as Counsel in over 50 jury trials, prosecuting some of the most high profile drug, sexual and violent crime. After 11 years Emma moved to the defence; starting at the Public Defence Service and then joining the independent criminal bar 7 years ago. On today’s podcast we talk about, the project Emma co-founded ‘The Good Lawyer’, burnout and stress for criminal lawyers including due to COVID, legal aid, training of young lawyers and the lessons Emma has learnt during her 20 years in the law. This is a must-listen episode for those interested to hear from one of New Zealand’s most tenacious criminal defence advocates. I hope you enjoy this episode with Emma Priest.

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January 28 2022 E8 The Power of Wellbeing - With Clive Elliott QC

On this episode of the Podcast, we interview Queens Counsel and Author Clive Elliott.  We discuss Clive’s legal career, interest in art and his new book The Power of Wellbeing.  Clive provides an insight into first home of South Africa and becoming a New Zealander, his career as an IP specialist, contribution to the independent bar, passion for the arts and what inspired his new book.  We discuss the key themes of his book.  In particular, our underlying social contract requires rewriting and how General Wellbeing should form the basis of a new paradigm.  We discuss Clive’s thoughts on what we can learn from the Covid-19 pandemic, what objectives should be set for society, building a fair and equitable society, wellbeing in action and practical advice for living better.

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January 17 2022 E7 Class Actions - With Nikki Chamberlain

On this episode of the Law Down Under Podcast we interview Nikki Chamberlain, the Associate Dean of equity and a Senior Lecturer at the University of Auckland Law School. Nikki graduated from the University of Auckland in 2007 with Bachelor of Laws (Honours) and a Bachelor of Arts in Film, Television and Media Studies. Nikki received her Masters of Law at Vanderbilt University in 2016 where she made the Deans List for Academic Excellence in both semesters. Nikki also lectured legal writing at Vanderbilt University.

We talk about Nikki’s early career in private practice where she was a commercial litigator. Nikki practiced in a number of commercial law areas and appeared as counsel in both the appellate and trial courts. Since her shift into academia, Nikki has been published extensively, specifically in the area of Complex Litigation including Class Actions and Litigation Funding. On today’s podcast, we talk about some of the issues with introducing a class action regime in New Zealand and the lessons we can learn from the United States and Australian experiences.  This is a must-listen episode for those interested in Class Action litigation and where it is heading in New Zealand. I hope you enjoy this episode with Nikki Chamberlain.

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November 24 2021 E6 Health Law - With Emeritus Prof Ron Paterson

In this episode of the Law Down under Podcast, we interview Emeritus Professor Ron Paterson about his book The Good Doctor and his career in tertiary education and public service roles. We talk about what drew him to health law and a career teaching at the University of Auckland. Ron has been a lecturer and then professor at the University of Auckland for over two decades, and has done extensive research in complaint resolution, inquiries, healthcare quality and the regulation of the health profession. We then talk about his career in public services roles, particularly as Ombudsman and Health and Disability Commissioner, and what those roles taught him for the government policy advisory reviews he has been involved in and led. This is a captivating chat with one of the most qualified and experienced people in health law and policy. This is a must-listen episode for those interested in health law, particularly in the COVID 19 era. I hope you enjoy this episode with Ron Paterson.

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November 19 2021 E5 Using Tech to Innovate the Law and Promote Access to Justice - With Steve Keall

In this episode of the Law Down Under Podcast, we interview barrister Steve Keall about the projects he has recently launched with the aim of making the law more accessible and efficient in New Zealand. We discuss his cost calculation website and app ‘Two Bees’ and the reasoning behind creating it. We also discuss the book he recently published, Civil Litigation for Non-Lawyers, authored by Martin Dillon, and his learnings as a civil litigation and dispute barrister that drew him to take on the project. Steve is constantly working on different projects with the aim of bettering clients’ and lawyers’ experience in accessing justice. We talk about the online CPD platform he is currently working on and what Steve sees for the future of the profession. This is a fascinating dive into the ways that people within the profession are innovating, through technology, to make justice more accessible. This is a must-listen for those interested in the role of lawyers and technology in enhancing access to justice. I hope you will enjoy the podcast.

 

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November 02 2021 E4 Defamation Law - With Dr Matt Collins AM QC

On today's episode of the Law Down Under Podcast, we interview Dr Matt Collins AM QC. Matt is a senior fellow at the Melbourne Law School, Queens Counsel, author and vice-president of the Australian Bar association. Dr Collins has been appearing as counsel in the appellate and trial level of many of the most significant defamation and free speech cases in Australia of the past generation. We talk about his practice at the Bar and defamation law and how it has evolved through the rise of the internet and media, and what that might mean for the future. This is a fascinating talk with Matt Collins about his amazing career practising at the Bar and appearing in several Royal Commissions. This is a must-listen episode for those interested in how defamation and free speech law are evolving Down Under. I hope you will enjoy the podcast.

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September 07 2021 E3 Taxing the Digital Economy - With Prof Craig Elliffe

In this episode of the Law Down Under Podcast, we interview Professor Craig Elliffe about his new book Taxing the Digital Economy and how international taxation is changing in the digital era.

We talk about his shift from tax partner in private practice to academia and teaching Tax Law and Policy at the University of Auckland. Craig Elliffe is skilled in International Tax, Tax Law, Trusts, and Dispute Resolution. Craig has done extensive research in tax law, particularly international tax, corporate tax and tax avoidance. We talk about the ever-changing nature of Tax Law and what this means for the future. We discuss the OECD/G20 Base Erosion and Profit Shifting Project which provides the membership agreed solution to resolve the tax challenges arising from the digitalisation of the economy.

This is a fascinating look into an important part of the law that affects so many in this digital era. This is a must-listen episode for those interested in how tax law is changing and the importance of understanding international tax. I hope you enjoy this episode with Professor Craig Elliffe.

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May 27 2021 E2 Selected Topics in Family Law - With Prof Mark Henaghan

On this episode of the Law Down Under Podcast, we interview Professor Mark Henaghan about how the law of relationship property has developed and whether it is delivering its intended outcome of a fair division on separation.  We also discuss compensation for any disparity in earnings and lifestyle, law reform and the law's potential to improve access to justice.  Professor Henaghan has been at the forefront of family law research and teaching for nearly four decades. 

We talk about how the Courts, from the Family Court through to the Supreme Court of New Zealand, have interpreted and applied the law, the Law Commission's review and recommendations, as well as the practical challenges facing the parties who find themselves in need of assistance to resolve their differences.  We also discuss the role of law schools in the teaching and training of future lawyers. 

This is a captivating look into one crucial part of our law that affects anyone in a relationship and how the law plays its part in providing a means to avoid disputes and resolve disputes once they arise.  This is a must-listen episode for those interested in the role of law schools, relationship property and access to justice.  I hope you will enjoy the podcast.

 

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April 29 2021 E1 Technology in the Courtroom: Using Tech to improve Access to Justice - With Dr David Harvey

On this episode of The Law Down under Podcast, we interview District Court Judge and author Dr David Harvey about how information technology has changed how New Zealand Courtrooms now operate and technologies potential to improve access to justice. Judge Harvey has been at the forefront and coalface of technology use within Courtrooms for nearly three decades.

We talk about the key developments, the pace of change, and the arguments for better-utilising technology within our Courtrooms.  This is a fascinating look at how technology can play an essential part in attempting to solve the growing problem of justice needing to be more accessible to those who need it.  This is a must-listen episode for those interested in Courtroom information technology and access to justice.  I hope you will enjoy the podcast.

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