Section 21 Agreements - crystal ball gazing?

Section 21 agreements are common place and often require a large degree of input, knowledge and “crystal ball gazing” on the part of practitioners who want to ensure that the agreements withstand the test of time. This presentation is intended not only to update practitioners on the recent case law but to also consider and address the “grey areas” we all encounter when drafting living agreements (s 21) and settlement agreements (s 21A). It will additionally include reference to the Law Commission and its commentary on these agreements.

This seminar will include:

• An outline of the different types of s 21 agreements, including the key differences between 21 & 21A agreements
• A discussion of the formalities in a contracting out agreement; including s 21F, consequences of failure to comply, and touching on s 21H (validation of agreements)
• A review of your duty of care; to your own client and the other party
• Advice for acting for overseas clients; certifying via Skype and a discussion on "forum shopping"
• A discussion on setting aside agreements under s 21J, additional contractual remedies, and the issue of multiple agreements
• Practical tips for drafting agreements and some of the common pitfalls to avoid.

Learning objectives

By attending this seminar you will gain:

• Greater knowledge on issues to consider when drafting s 21 agreements and settlement agreements under s 21A.
• Practical advice on how to apply this knowledge when advising your clients.

Who should attend

Family lawyers, property lawyers, general practitioners, and civil litigators.

Paper

A short paper, in PDF format, together with a copy of the powerpoint presentation will be emailed out prior to the seminar.

Times

• 4.00pm - 6.00pm (tea and coffee available on arrival)

Fee (incl GST)

In Short

• $125 - NZLS members and Associate members
• $175 - Non-members
• Live web stream group pricing available! Click here

Do you want to register more than one person for this course? Click here
Download registration form

Presenters

Jennie Hawker Partner, Wynyard Wood, Auckland Jennie is a partner at Wynyard Wood and a leader of the firm’s thriving family law team which services both private clients and acts as litigation support for a number of Auckland’s leading barristers. She has experience in all family law matters but now focuses her practice on relationship property issues with a strong litigation focus. Jennie is passionate about the rules of evidence and procedure, and is a strong believer that even family lawyers should remember their law degrees from time to time. She graduated from the University of Canterbury with an LLB(Hons) and she is now a contributing author to Westlaw’s Child Support commentary as well as having spoken for continuing legal education programmes on a number of topics.

Simon Jefferson QC Trinity Chambers, Auckland Simon has had more than 33 years’ legal experience specialising almost exclusively in family law since 1983. After 20 years as a partner with Shieff Angland (where he led a family law team renowned for its ability and from which has emerged many leading family law practitioners), he left to practice at the independent bar in June 2006. Simon was elevated to the status of Queen’s Counsel in 2013. He has appeared in the Family Court, the High Court and the Court of Appeal. A number of Simon’s cases feature in the Law Reports and he is particularly noted for his appellate advocacy.

Cancellation and refund policy

If written notice of cancellation of a registration arrives before the day of the seminar we will refund the registration fee, less an administration fee of $40. If you are unable to attend, you may send a substitute - to correctly assign CPD credit, CLE must be notified in advance. NZLS CLE Ltd reserves the right to cancel or reschedule seminars if necessary.