General Background

Jane provides direct and pragmatic advice to individual and corporate clients across a wide range of practice areas. She is experienced in litigation of all sizes and at all Court levels, primarily in commercial, corporate, insurance, contract, regulatory, trust and property matters.

She has acted on large scale commercial disputes and in domestic and international arbitration. She accepts appointments as an Arbitrator and is on the AMINZ Arbitration Panel.

Jane has a passion for running and has competed in numerous marathons and half-marathons. She is kept grounded by her teenage daughters who constantly remind her that they are above the law.

Selected Recent Cases

Recent cases:
 
  • Biggs v Biggs [2018] NZCA 546 (CA) (relationship property/trusts/discovery)
  • Reserve Bank of New Zealand v CBL Insurance Ltd [2018] NZHC 737 (corporate insolvency) 
  • Biggs v Biggs [2018] NZFLR 580 (relationship property)
  • Yu v Bradley [2018] NZHC 2312 (leave to appeal/ contract)
  • Vector v Utilities Commission [2018] NZHC 3096 (amicus curiae)
  • Gilbert v Body Corporate 162791 [2016] NZSC 61 (SC) (receivership/body corporate issues)
  • Body Corporate 162791 v Gilbert [2016] NZHC 2404 (covenant interpretation/ Unit Titles) 
  • TSB Bank Ltd v Dollimore [2015] NZHC 3175 (insolvency - re setting aside a disposition)
  • Zhong Mao Investment Management Ltd v Oak Tree Motel Ltd [2015] NZHC 2525 (relief against forfeiture)
  • Karum Group LLC v Fisher & Paykel Financial Services Ltd [2014] 3 NZLR 421 (CA) (intellectual property)
  • Sturgess v Dunphy [2014] NZCA 266 (CA) (complex shareholder dispute)
  • Grant v CP Asset Management Ltd [2014] NZCCLR 5 (CA) (setting aside a creditors' resolution)

Recent arbitration instructions as counsel:
 
  • Contract – construction of irrigation scheme and associated share option 
  • Property - development and fit out works under a lease
  • Property - interpretation of rent review provisions
  • Contract - High Court appeal against arbitration award concerning a milk supply agreement
  • Tort – conversion claims concerning management of a farming portfolio 
  • Company - directors’ duties and shareholder rights
  • Contract – enforceability of heads of agreement for supply of product 
  • Product liability/trade practices - international arbitration between multinationals
 
Recent appointments as arbitrator: 
 
  • Property - multi-party dispute concerning a land covenant
  • Property - commercial lease dispute concerning relief against forfeiture
  • Intellectual property - boat design 
  • Contract - software agreement
  • Property - umpire on a commercial lease valuation 
  • Incorporated societies – Court appointment as independent chairperson


Acting or advising on the following matters:
 

  • Proceedings alleging conspiracy to injure 
  • An appeal concerning an earn-out provision 
  • Enforceability of a worldwide freezing order made in England 
  • Proceedings in negligence brought by a franchisee’s customer 
  • For a publicly listed company on corporate governance issues 
  • For a fuel distributor against its supplier in a dispute under a distribution agreement
  • For an insurer in earthquake-related proceedings 
  • On a breach of warranty claim arising from the sale of shares 
  • For a US-based individual in respect to an Overseas Investment Commission enquiry 
  • For adult children of a deceased against their stepmother in trust proceedings 
  • In an application for directions by trustees 
  • For a publicly listed company on interpretation of an exclusion clause
  • For an insurer on issues relating to the Earthquake Commission’s obligations
  • On a breach of contract relating to commercial property 
  • Interpretation of rental review provisions
  • For a contractor in High Court weathertight homes litigation
  • For beneficiaries of a high wealth family trust in respect to conduct by its trustees 
  • In a dispute between body corporate members
  • For a law firm defending a claim brought by non-client parties 
  • For a major New Zealand company in litigation with a distributor of primary product
  • On potential liability under the Credit Contracts and Consumer Finance Act 2003
  • Representing trusts associated with individuals in relationship property and trust proceedings 

Professional Activities

  • Associate Member, Arbitrators' & Mediators' Institute of NZ (AMINZ)
  • Member of AMINZ Arbitration Panel 
  • Convenor, NZLS National Standards Committee
  • NZLS Rule of Law Committee (2017-2019)
  • NZ Bar Association 
  • Auckland Women’s Lawyers Association 

 

Publications and Seminars

2019   Australian Bar Association Conference – “Worldwide Freezing Orders”
2019   Legal Research Foundation Seminar – “Drafting briefs of evidence”
2019   Anthony Harper Litigation Conference 2019 – “Pot holes on the road to arbitration”
2017   NZLS Seminar “What to do when the contract goes wrong”
2017   ADLSI Seminar “Expert Evidence” 
2017   AMINZ Arbitration conference panel member

Jane Anderson QC

Contacts

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Qualifications

LLB (Hons) (Cant)

BCL (Oxon) (First Class)

Year Admitted: 1991

Barrister Sole: 1998

Silk:  2016

Areas of Practice

Qualifications

LLB (Hons) (Cant)

BCL (Oxon) (First Class)

Year Admitted: 1991

Barrister Sole: 1998

Silk:  2016

General Background

Jane provides direct and pragmatic advice to individual and corporate clients across a wide range of practice areas. She is experienced in litigation of all sizes and at all Court levels, primarily in commercial, corporate, insurance, contract, regulatory, trust and property matters.

She has acted on large scale commercial disputes and in domestic and international arbitration. She accepts appointments as an Arbitrator and is on the AMINZ Arbitration Panel.

Jane has a passion for running and has competed in numerous marathons and half-marathons. She is kept grounded by her teenage daughters who constantly remind her that they are above the law.

Selected Recent Cases

Recent cases:
 
  • Biggs v Biggs [2018] NZCA 546 (CA) (relationship property/trusts/discovery)
  • Reserve Bank of New Zealand v CBL Insurance Ltd [2018] NZHC 737 (corporate insolvency) 
  • Biggs v Biggs [2018] NZFLR 580 (relationship property)
  • Yu v Bradley [2018] NZHC 2312 (leave to appeal/ contract)
  • Vector v Utilities Commission [2018] NZHC 3096 (amicus curiae)
  • Gilbert v Body Corporate 162791 [2016] NZSC 61 (SC) (receivership/body corporate issues)
  • Body Corporate 162791 v Gilbert [2016] NZHC 2404 (covenant interpretation/ Unit Titles) 
  • TSB Bank Ltd v Dollimore [2015] NZHC 3175 (insolvency - re setting aside a disposition)
  • Zhong Mao Investment Management Ltd v Oak Tree Motel Ltd [2015] NZHC 2525 (relief against forfeiture)
  • Karum Group LLC v Fisher & Paykel Financial Services Ltd [2014] 3 NZLR 421 (CA) (intellectual property)
  • Sturgess v Dunphy [2014] NZCA 266 (CA) (complex shareholder dispute)
  • Grant v CP Asset Management Ltd [2014] NZCCLR 5 (CA) (setting aside a creditors' resolution)

Recent arbitration instructions as counsel:
 
  • Contract – construction of irrigation scheme and associated share option 
  • Property - development and fit out works under a lease
  • Property - interpretation of rent review provisions
  • Contract - High Court appeal against arbitration award concerning a milk supply agreement
  • Tort – conversion claims concerning management of a farming portfolio 
  • Company - directors’ duties and shareholder rights
  • Contract – enforceability of heads of agreement for supply of product 
  • Product liability/trade practices - international arbitration between multinationals
 
Recent appointments as arbitrator: 
 
  • Property - multi-party dispute concerning a land covenant
  • Property - commercial lease dispute concerning relief against forfeiture
  • Intellectual property - boat design 
  • Contract - software agreement
  • Property - umpire on a commercial lease valuation 
  • Incorporated societies – Court appointment as independent chairperson


Acting or advising on the following matters:
 

  • Proceedings alleging conspiracy to injure 
  • An appeal concerning an earn-out provision 
  • Enforceability of a worldwide freezing order made in England 
  • Proceedings in negligence brought by a franchisee’s customer 
  • For a publicly listed company on corporate governance issues 
  • For a fuel distributor against its supplier in a dispute under a distribution agreement
  • For an insurer in earthquake-related proceedings 
  • On a breach of warranty claim arising from the sale of shares 
  • For a US-based individual in respect to an Overseas Investment Commission enquiry 
  • For adult children of a deceased against their stepmother in trust proceedings 
  • In an application for directions by trustees 
  • For a publicly listed company on interpretation of an exclusion clause
  • For an insurer on issues relating to the Earthquake Commission’s obligations
  • On a breach of contract relating to commercial property 
  • Interpretation of rental review provisions
  • For a contractor in High Court weathertight homes litigation
  • For beneficiaries of a high wealth family trust in respect to conduct by its trustees 
  • In a dispute between body corporate members
  • For a law firm defending a claim brought by non-client parties 
  • For a major New Zealand company in litigation with a distributor of primary product
  • On potential liability under the Credit Contracts and Consumer Finance Act 2003
  • Representing trusts associated with individuals in relationship property and trust proceedings 

Professional Activities

  • Associate Member, Arbitrators' & Mediators' Institute of NZ (AMINZ)
  • Member of AMINZ Arbitration Panel 
  • Convenor, NZLS National Standards Committee
  • NZLS Rule of Law Committee (2017-2019)
  • NZ Bar Association 
  • Auckland Women’s Lawyers Association 

 

Publications and Seminars

2019   Australian Bar Association Conference – “Worldwide Freezing Orders”
2019   Legal Research Foundation Seminar – “Drafting briefs of evidence”
2019   Anthony Harper Litigation Conference 2019 – “Pot holes on the road to arbitration”
2017   NZLS Seminar “What to do when the contract goes wrong”
2017   ADLSI Seminar “Expert Evidence” 
2017   AMINZ Arbitration conference panel member