Andrew Barker
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2001 |
Overview
Professional Background
Teaching
Publications
Seminars
Prizes and Other Distinctions
Overview
Andrew's practice covers most areas of commercial litigation. His wide experience includes contract and tort claims, professional liability issues, land law, judicial review, wills and trusts, construction contracts and tax-related litigation, to name some of the more significant areas.
Because of his background and experience, Andrew is also regularly approached to do opinion work on more complex issues that arise in common law and equity-based claims.
Andrew started practice in the litigation department of Russell McVeagh. After working there for five years, he left to study for a Masters of Law at the University of Toronto. On his return to New Zealand in 1999, he moved to the University of Otago where he lectured Tort Law and Civil Procedure. Andrew joined the independent bar in 2001.
Since joining the independent bar, Andrew has been involved as counsel in a wide variety of commercial litigation in the High Court and the Court of Appeal. He has also been instructed in some of New Zealand’s most significant commercial litigation, including the Trinity Tax litigation (Accent Management Ltd & Ors v CIR (2005) NZTC 19,027), the trading bank's structured finance litigation (BNZ Investments Ltd v CIR (2009) 24 NZTC 23,582) and the litigation that followed the collapse of the Equiticorp group of companies. He has also appeared as counsel in many other significant decisions such as Guttierez v R [1997] 1 NZLR 192 (CA) (the obligations on counsel in cross-examination), Baltic Shipping v Pegasus Lines SA [1996] 3 NZLR 641 (CA) (the requirements of the Admiralty Act 1973 as to the arrest of ships) and Waller & Anor v Davies & Ors [2007] 2 NZLR 508 (CA) (Land Transfer Act fraud).
Andrew still maintains his academic contacts, including lecturing Tort Law in the Masters Programme in the Faculty of Law at Auckland University (2002), and lecturing Civil Procedure and Civil Litigation at Otago University (2006, 2008 and 2009). He continues to publish in the area of tort law and civil procedure as well as present seminars.
Professional Background
Teaching
Publications
Seminars
Prizes and Other Distinctions
Back to top of pageTeaching
Publications
Seminars
Prizes and Other Distinctions
Overview
Andrew's practice covers most areas of commercial litigation. His wide experience includes contract and tort claims, professional liability issues, land law, judicial review, wills and trusts, construction contracts and tax-related litigation, to name some of the more significant areas.
Because of his background and experience, Andrew is also regularly approached to do opinion work on more complex issues that arise in common law and equity-based claims.
Andrew started practice in the litigation department of Russell McVeagh. After working there for five years, he left to study for a Masters of Law at the University of Toronto. On his return to New Zealand in 1999, he moved to the University of Otago where he lectured Tort Law and Civil Procedure. Andrew joined the independent bar in 2001.
Since joining the independent bar, Andrew has been involved as counsel in a wide variety of commercial litigation in the High Court and the Court of Appeal. He has also been instructed in some of New Zealand’s most significant commercial litigation, including the Trinity Tax litigation (Accent Management Ltd & Ors v CIR (2005) NZTC 19,027), the trading bank's structured finance litigation (BNZ Investments Ltd v CIR (2009) 24 NZTC 23,582) and the litigation that followed the collapse of the Equiticorp group of companies. He has also appeared as counsel in many other significant decisions such as Guttierez v R [1997] 1 NZLR 192 (CA) (the obligations on counsel in cross-examination), Baltic Shipping v Pegasus Lines SA [1996] 3 NZLR 641 (CA) (the requirements of the Admiralty Act 1973 as to the arrest of ships) and Waller & Anor v Davies & Ors [2007] 2 NZLR 508 (CA) (Land Transfer Act fraud).
Andrew still maintains his academic contacts, including lecturing Tort Law in the Masters Programme in the Faculty of Law at Auckland University (2002), and lecturing Civil Procedure and Civil Litigation at Otago University (2006, 2008 and 2009). He continues to publish in the area of tort law and civil procedure as well as present seminars.
Professional Background
- Barrister - 2001 to present
- Lecturer - Faculty of Law, University of Otago - 1999 to 2001
- Senior litigation solicitor - Russell McVeagh (Auckland) - 1994 to 1998
- Clerk to Judges of the New Zealand Court of Appeal - 1995
- Solicitor at Community Law Centre in Mangere (through Russell McVeagh) - 1995 to 1996
Teaching
- Civil Litigation - LLB course - University of Otago - 2008 to 2009
- Civil Procedure – LLB course – University of Otago - 2006
- Tort Law – LLM course – University of Auckland - 2003
- The Law of Torts – LLB course – University of Otago - 2000 to 2002
- Civil Procedure - LLB course – University of Otago - 2001 to 2002
- Property Law – LLB course - University of Otago (tutor) - 2000 to 2002
- Legal System – LLB course - University of Otago (tutor) - 2000 to 2001
Publications
- "Economics of Evidence, Procedure and Litigation", (Book review), [2009] NZLJ 330
- “Damages for a loss of chance in negligence: the availability of an alternative remedy”, [2007] NZLJ.
- “The duty of care and the search for certainty: Sullivan v Moody, Cooper v Hobart, and problems in the South Pacific”, [2003] NZLJ 44.
- “Ideas on the purpose of civil procedure”, [2002] New Zealand Law Review 437.
- “Permanent Injunctions”, in Blanchard ed, Civil Remedies in New Zealand.
- “Interlocutory Injunctions”, in Blanchard ed, Civil Remedies in New Zealand.
- “Lights in the fog: secondary victims and the recovery for mental injury in New Zealand.” (2002) 10 Tort Law Review 1.
- “Divining an approach to the duty of care: the New Zealand Court of Appeal and claims for negligent misstatement” (2001) 10 OLR 91.
- Book review - Goldberg, “Causation and Risk in the Law of Torts”, (2000) 19 NZULR 136.
Seminars
- "Remoteness of Damages in tort and contract", in "Current Issues in Remedies", NZLS Seminar, 2010.
- Commentary on papers by Dr A Butler ("What is the least we can expect of a trustee?") and Bill Patterson ("When is a trust a trust?") at the Legal Research Foundation Seminar, "A Modern Law of Trust", August 2009.
- "Update on Tort Law", 2008, ADLS CLE Programme.
- “Update on Tort Law”, 4 May 2006, ADLS CLE programme.
- “Damages for the loss of a chance: the availability of an alternative remedy”, 28 June 2005, LexisNexis Commercial Litigation Masterclass.
- “Update on Tort Law: The approach to the duty of care in New Zealand”, 18 November 2003, ADLS CLE programme.
Prizes and Other Distinctions
- University of Toronto Fellowship – (1998)
- Scholarship - Spencer Mason Trust – (1998)
- Top student in Maritime Law - Annual prize of the Maritime Law Association of Australia and New Zealand (1997)
- Top student - Institute of Professional Legal Studies - Legal Practice Course (“Professionals”) (1994)
- Senior prize in Law (1993)
- Case note editor and member of the editorial board - Auckland University Law Review (1993)
- Headnote writer - District Court Reports (1996 - 1998)
- Headnote writer - NZLR (2000)
- Admitted as a barrister and solicitor of the High Court of New Zealand (February 1995)