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Apr 30, 2025
Ranking in Doyles Guide 2025
Apr 30, 2025
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Apr 30, 2025
What is the scope of a builder's duty of care?
Jul 13, 2023
What is the scope of a builder's duty of care?
Jul 13, 2023

Most lawyers, particularly those practising in the area of construction law, will know that the courts have long held that a builder owes a duty to current and future owners to exercise reasonable skill and care when carrying out building work. But what is the precise scope of a builders’ duty of care?

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Jul 13, 2023
How Not to Expert
Sep 10, 2022
How Not to Expert
Sep 10, 2022

In modern arbitration and litigation, cases are often won or lost on the strength of the expert evidence. In this article I examine the lessons lawyers and experts can learn from the UK Technology and Construction Court judgment in Van Oord v Allseas.

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Sep 10, 2022
Fellowship of ACICA
Nov 23, 2021
Fellowship of ACICA
Nov 23, 2021
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Nov 23, 2021
Construction Adjudication Do’s and Don’ts: An Adjudicator’s Perspective
Aug 25, 2020
Construction Adjudication Do’s and Don’ts: An Adjudicator’s Perspective
Aug 25, 2020

Do’s and don’ts of running or responding to an adjudication claim

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Aug 25, 2020
Construction Adjudication: The Process in 12 Steps
Jan 28, 2020
Construction Adjudication: The Process in 12 Steps
Jan 28, 2020

The Construction Contracts Act 2002 has now been in force for almost 17 years. One of its key features is a process for the determination of construction disputes, called adjudication. Adjudication is designed to be a fast and effective way of determining construction disputes. It has become the process of choice for determining construction disputes which cannot be resolved by negotiation. Yet, many construction professionals (to their credit) have still not been involved in a full adjudication process.

There is a lot of information available about adjudication, including entire text books devoted to the subject. The purpose of this article is to outline the adjudication process in 12 steps (a 12 step programme for construction disputes, if you will):

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Jan 28, 2020
5 tips for going paperless
Oct 5, 2016
5 tips for going paperless
Oct 5, 2016

First, a disclaimer. I'm no tech guru. Far from it. However, I am very interested in the way in which technology is influencing the delivery of professional services, particularly in the legal industry.

I have gone through the process of moving my litigation and arbitration practice to a paperless model this year (not soon enough many would say), and it has revolutionised the way I practise law.

Here are my 5 top tips for those considering going paperless:

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Oct 5, 2016
Is a change as good as a holiday?
Dec 17, 2015
Is a change as good as a holiday?
Dec 17, 2015

I think so.

After almost 10 years as a barrister at the independent bar, and the last 7 years as a member of Lorne Street Chambers, I relocated my practice to my own chambers at Level 31, Vero Centre, 48 Shortland Street, Auckland on the 1st of December.

My new chambers are in the heart of Auckland's legal and financial district, and close to many of the firms and clients that I work regularly with. They also afford spectacular views over the harbour, from Waiheke to the Waitakere Ranges!

So if you are in Shortland Street, please feel free to call and say hello.

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Dec 17, 2015
Kyburn Investments v Beca: The Epilogue
Oct 22, 2015
Kyburn Investments v Beca: The Epilogue
Oct 22, 2015

The photo accompanying this post is of the award-winning interior of the New Zealand Supreme Court. If it looks expensive, that's because it was. It was officially opened in January 2010, and built at a cost of $80.7 million. If you are a party to a case in the Supreme Court, that's expensive too. 

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Oct 22, 2015
Taking direct instrictions
Jul 21, 2015
Taking direct instrictions
Jul 21, 2015

One of the differences between barristers and solicitors touched upon in my last article was that, as a general rule, barristers have to receive their instructions from a solicitor, often referred to as the "instructing solicitor". That rule has long been known as the intervention rule.

On the 1st of July 2015 changes to the intervention rule came into effect which enable barristers to apply to the New Zealand Law Society for approval to accept instructions directly from clients in certain specified types of cases.

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Jul 21, 2015
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FortyEight Shortland Barristers | Level 34  |  Vero Centre  |  48 Shortland Street  |  Auckland Central  |  Auckland 1010

Tel: 09 972 2057  |  markcolthart@fortyeightshortland.co.nz

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