Mark Colthart


Barrister & Arbitrator

Contact Me

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Mark Colthart


Barrister & Arbitrator

Contact Me

 

Mark is a Barrister and Arbitrator specialising in commercial litigation and arbitration, property disputes, and construction law.

Mark graduated with Bachelor of Law and Bachelor of Arts degrees from the University of Canterbury (Christchurch) in 1993. He was admitted as a Barrister & Solicitor of the High Court of New Zealand in 1994, and has over 25 years’ litigation experience.

In 2001 Mark completed a post-graduate degree in law, graduating with a Masters in Law (Honours) from the University of Auckland.

In 2012 Mark was admitted as a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ), and as a Fellow of the Chartered Institute of Arbitrators (CIArb) (London). He is an active member of the Society of Construction Law, and the Property Law Section of the New Zealand Law Society.

Mark is a member of FortyEight Shortland Barristers chambers in the Vero Centre at 48 Shortland Street, in the heart of Auckland’s legal and financial district.

Expertise


 

 

 

 

 

Expertise


 

 

 

 

 

 

Mark represents clients in all of the major Courts and Tribunals in New Zealand, including as lead counsel in trials in the District and High Courts, and in appeals to the High Court, Court of Appeal and the Supreme Court. He regularly appears as counsel in commerical arbitrations, construction adjudications, and mediations. In addition to his work as counsel, Mark acts as Arbitrator and Adjudicator in commercial and construction disputes

Mark has specialist expertise in the areas of civil and commercial litigation, property, and construction law.

As a commercial litigator he has represented some of New Zealand's leading companies in a wide range of commercial disputes. He regularly appears in the High Court in significant commercial litigation, including contract and tort claims, Companies Act and Securities Act disputes, Fair Trading Act claims, insolvency and banking litigation, injunction and search order proceedings, specific performance proceedings, and other high dollar value disputes.

In the area of construction law Mark regularly advises and represents principals, head contractors, subcontractors, and other professionals in the building and construction industry. He has extensive experience as counsel in arbitration and adjudication, and advises parties on construction law and contractual issues. His arbitration practice also includes appointment as Arbitrator in commercial disputes, and as Adjudicator in adjudications under Construction Contracts Act.

Also within the field of construction law, Mark has a depth of experience acting for parties, including home owners, developers, builders, architects and designers, and other building professionals in “leaky building” claims.

Mark is a Fellow of the Chartered Institute of Arbitrators. He is the convener of the Auckland District Law Society Property Disputes Committee. He has presented widely on litigation, property and construction law issues.

Mark also has an interest and client following in the specialised area of wine industry law. He advises some of New Zealand's most well known wine producers on a range of commercial issues, including international distribution contracts, intellectual property, liquor licencing and advertising standards.

 

Services


 

 

 

 

Services


 

 

 

 

 

Mark is available to accept instructions as counsel or as arbitrator in the following areas:

  • Civil and Commercial Litigation

  • Commercial Arbitration and Mediation

  • Construction Law and Construction Adjudication

  • Land and Property Law Disputes

  • Commercial Lease Disputes

  • Fair Trading and Competition Law

  • Contract Disputes, including Franchise Disputes

  • Professional Negligence Claims

  • Relationship Property

  • Trust and Estate Disputes

  • Wine Industry Law

For work involving court proceedings an instructing solicitor is required.

For other work Mark is authorised by the New Zealand Law Society to accept instructions directly from clients.

 

Credentials


 

 

 

 

 

Credentials


 

 

 

 

 

 

Qualifications & Memberships

  • BA, LLB University of Canterbury, 1993

  • Admitted as a Barrister & Solicitor of the High Court of New Zealand, 1994

  • LLM (Hons) University of Auckland, 2001

  • Admitted as Fellow (Arbitration) of the Arbitrators’ & Mediators’ Institute of New Zealand (FAMINZ Arb), 2012

  • Admitted as Fellow of the Chartered Institute of Arbitrators (FCIArb), 2012

  • Council Member of the Arbitrators’ & Mediators’ Institute of New Zealand, 2014-2018

  • Member and current convener of the Auckland District Law Society Property Disputes Committee, 2010-current

  • Member of New Zealand Law Society Property Law Section

  • Member of New Zealand Society of Construction Law

 

Contact


 

 

 

 

 

Contact


 

 

 

 

 

 

Contact

Telephone: 09 972 2057

Mobile: 021 707 607

Email: markcolthart@fortyeightshortland.co.nz

Skype: mark.colthart

Office
FortyEight Shortland Barristers, Level 34, Vero Centre, 48 Shortland Street, Auckland 1010.

Post
PO Box 535 Shortland Street, Auckland 1140.