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Litigation Against Directors and Companies - Webinar Package

NZ $255.00
Colin Carruthers QC Victoria Heine
Colin Carruthers QC
Victoria Heine
Chapman Tripp

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Webinar Package includes:

Archive Presentation  l  Booklet  l  PowerPoint Presentation


Webinar Package Fee (incl GST)
$205 - NZLS members and Associate members
$255 - Non-members

Note: Access to the online files is via your "My CLE" page. If you would like to purchase multiple packages, please contact us here.


Webinar Archive Presentation

Presentation time: 120 minutes

Do you advise or act for company directors and officers? With the recent successful prosecutions, are you confident that you are giving the best advice?

This seminar will:
  • Provide an overview of current law and law reform proposals, and in particular the range of new enforcement actions arising under the Financial Markets Conduct Bill and enforcement under the Commerce Act.
  • Discuss the key recent cases against directors both in New Zealand and in Australia.

Presenters will comment on their perspectives on some of the key practical and strategic issues which need to be considered in advising directors facing regulatory investigations, or litigation, including:

  • Civil investigation/criminal prosecution – can material obtained in a civil investigation be used in a criminal prosecution?
  • Dealing with overlapping civil and criminal enforcement proceedings
  • Party offences liability for acts committed by the company
  • Sentencing – current trends and key issues for sentencing directors
  • Insurance
  • Separate representation – when is it necessary?
  • Documents – should directors have their own records? What about records for the purpose of defence?
  • Privilege and self-incrimination.

Please contact us if you use a dial up internet connection.


Authors: Colin Carruthers QC and Victoria Heine
Published: 26 July, 2012
Pages: 72




The last few years should have cured directors of any complacency as to just how heavy those responsibilities can be. Nineteen directors have been convicted in the High Court since 2010; seven of those are now in jail and a further nine are serving home detention, or facing community service or fines. As at the date of writing, there are approximately 13 more directors still waiting for their day in court.

These high profile cases have left hundreds of thousands of investors, many of them elderly, facing painful losses. Billions of dollars of wealth has been wiped out and with it, confidence in capital markets. In the wake of the many individual tragedies there has been a public backlash that Parliament has quickly responded to.

In this seminar, we:

  • outline the current legislative developments affecting director liability, including the Financial Conduct Markets Bill, and cartel criminalisation legislation;

  • outline and place in context the key recent decisions in New Zealand and Australia; and

  • address a number of the key legal and strategic issues which are currently arising.


PowerPoint Presentation

These are the slides included in the webinar presentation.
Number of Slides: 38

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New Zealand