Stephen Brown
BARRISTER & SOLICITOR

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Arbitration
Arbitration is a private way of settling disputes that the parties cannot settle between themselves. An arbitrator, or arbitrators, are appointed to hear the parties evidence, and then issue a binding decision, called an Award. It is a legal process governed by the Arbitration Act 1996, but you can make the process to suit yourselves. If you appoint a lawyer-arbitrator, you can save money by leaving the law to him or her, and you just tell your story. This can be done on a fixed fee and fixed time-frame basis.

Stephen is a qualified (certificate of registration) and experienced arbitrator, and will be happy to discuss how your dispute can be resolved quickly, privately and cheaply.

Stephen is a Fellow of the Arbitrators and Mediators Institute of New Zealand and is a member of the Institute's Arbitration Panel.

For more information about Arbitration, please follow this link. http://www.aminz.org.nz/index.html

Asset Protection
You work hard to gather assets, house, bach, cars, boat, and so on, so that you can enjoy them whilst you can, and pass the benefit of your hard work on to your children.

However, in the modern world, there are dangers, predators such as the government and creditors, increasingly threaten the assets you have built up.

We can design and implement Asset Protection strategies to protect you from the slings and arrows of outrageous fortune.

Bankruptcy
Bankruptcy is that legal status in which the bankrupt's property passed to an assignee, whose job it is to gather in the bankrupt's property and distribute it to the creditors.

Whilst most bankruptcies are a waste of time and money, when a debtor is associated with Trusts and Companies which have assets, the threat of bankruptcy can sometimes persuade Trustees or Company Directors to make loans available to allow debts to be paid off.

Bankruptcy allows the circumstances in which assets transferred from the bankrupt to Trusts or Companies to be examined, and in some circumstances brought back into the bankrupt estate.

When a person associated with other people or entities that have assets is facing debt proceedings, the potential debtor and the other parties should take independent legal advice to safeguard their positions.

We are experienced at extracting "hidden assets" from debtors, and in protecting spouses and associated Trusts and Companies from illegitimate recovery action by assignees.

Building
Stephen has extensive experience in all legal aspects of the building industry:

  • Owner / builder disputes and contract enforcement
  • Building quality disputes
  • Leaky Home claims
  • Builder / subcontractor disputes and enforcement
  • Adviser to NZ Government on building issues
  • Represents Building Industry Authority and building certifiers on building certification issues
  • Trained Adjudicator under Construction Contracts Act

Contracts
Interpretation and enforcement of all manner of contracts.

Construction Industry
See Building

Civil Liability
We live in an age of ever increasing civil liability. Ownership of property, driving a car, just doing your job, can all result in claims being made for damages. Both employers and employees can be civilly liable for acts committed in the employment relationship. The list is endless.

We are experts in advising on:

  • How to avoid liability
  • Making claims
  • Defending claims

Companies
From company formation to complex issues and litigation, we are most experienced in company matters:

  • Director liability
  • Shareholder Agreements
  • Disputes between Directors
  • Disputes between Shareholders and Directors
  • Oppressed minority actions
  • Share valuation issues
  • Statutory Demands and Liquidations
  • Receivership

Courts
We practice regularly in all Courts, not so much in the Court of Appeal as we tend to get it right first time around.

Dispute Resolution

  • Tactical advice to avoid disputes, avoid them escalating
  • Negotiation skills
  • Legal representation before Tribunals, all Courts, Arbitrations and Mediations

Employment

  • Advice to employers and employees
  • How to handle tricky situations
  • Negotiations of problems
  • Representation at Employment Mediation Service, Employment Tribunal and Employment Court
  • Arbitration and private mediation of employment problems

Health Industry

  • Extensive experience in representing health providers
  • Negotiation of supply contracts
  • Relations with Ministry of Health, District Health Boards

Insolvency

  • Advice to people and businesses facing financial problems
  • Schemes of Arrangement
  • Statutory Demands on Companies
  • Liquidation of Companies
  • Bankruptcies

Insurance

  • Disputed claims
  • Experience with major material damage policies
  • Insurance litigation
  • Arbitration of insurance disputes

Intellectual Property
Litigation of breach of copyright claim against Crown entities, large damages awarded.

Land
From fences in the wrong place to houses built on the wrong lot, slipping hillsides, eroding drains, subsidence, flooding all dealt with.

Land contract disputes:
  • Failure to settle
  • Caveats
  • Disputes about conditions
  • When the contract is enforceable, when its not

Landlord and Tenant

  • Action against defaulting tenant, distress for rent (commercial only), re-entry
  • Advice on leases and tenancies
  • Arbitration of lease problems
  • Defence against landlord re-entry
  • Relief against forfeiture (tenant forgets to renew)
  • Rent disputes
  • Rent reviews

Leases
See Landlord and Tenant

Local Authority Liability
  • Failure to properly inspect building work
  • Liability for damage caused by flooding, defective drains

Matrimonial Property

  • Advice before property is acquired
  • Relationship Property Agreements
  • Representation in disputes

Partnership

  • Advice on business set up
  • Partnership Agreements
  • Arbitration of Partnership disputes
  • Litigation

Trusts

  • Advice on when Trusts might be needed and how a Trust can help
  • Trusts set up
  • Administration of Trusts
  • Representation of Trusts and Trustees