JOHN MARSHALL

BARRISTER

John Livingston Marshall Waterfront Chambers, Level 5,Sybase House, 101 Lambton Quay, Wellington, New Zealand PO Box 328, Wellington, New Zealand Phone: 64-4-499-0464 Fax: 64-4-499-2323 Email: john.marshall@waterfront.org.nz

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LEGAL QUALIFICATIONS

• LLB, Victoria University, Wellington, 1969
• Barrister and Solicitor of High Court of New Zealand - admitted 1969
• Barrister and Solicitor of High Court of Australia and Supreme Court of Western Australia - admitted 1991

RELEVANT WORK EXPERIENCE

• Barrister, Wellington 1998 -
• Partner Buddle Findlay, Wellington, New Zealand 1975 - 1997
• Senior Litigation Solicitor, Blake Dawson Waldron, Perth, Western Australia 1991

PRINCIPAL AREAS OF PRACTICE

• Civil litigation
• Commercial litigation
• Arbitrations
• Mediations
• Property (Relationships) Act claims
• Disputes involving trusts and wills
• Land Valuation and Rental disputes

COURT EXPERIENCE

• Over the past 35 years I have represented clients in cases in all New Zealand Courts including the Privy Council. Major cases in which I have been involved as counsel include Takaro Properties Ltd v Rowling (1987) 2 NZLR 700; New Zealand Apple and Pear Marketing Board v Apple Fields Ltd (1991) 1 NZLR 257; Wanganui District Council v Tangaroa (1995) 2 NZLR 706; S & M Property Holdings Ltd v Waterloo Investments (1999) 3 NZLR 189, and NZ Employers Federation Inc. v NUPE (2002) 2 NZLR 54.

MEDIATION AND ARBITRATION EXPERIENCE

• While there will always be some cases which are best left to a Court to resolve, increasingly there is a need for alternative forms of dispute resolution (ADR) – mediation, arbitration and negotiation in particular.
• I have been involved in mediation work for the past eleven years and over the past few years I have acted as mediator in over 90 mediations involving disputes of many kinds, primarily commercial disputes but also environmental,family and personal disputes.
• I have also been involved in many arbitrations, particularly concerning commercial and contract disputes,rent reviews,telecommunications and construction disputes over the past 25 years as counsel, and have been the arbitrator in over 30 arbitrations.

CURRENT AFFILIATIONS / MEMBERSHIPS

• Vice-President, New Zealand Law Society
• Member of Council and Board of New Zealand Law Society
• Member of Advanced Panel of mediators, LEADR
• Member panel of mediators for disputes under the Weathertight Homes Act
• Associate Member, Arbitrators and Mediators Institute of New Zealand and member of its panels of arbitrators and mediators
• Convenor, New Zealand Law Society Committee on Dispute Resolution
• Chair of Appeals Council and Admissions Appeals Tribunal of Institute of Chartered Accountants of New Zealand
• Member Fisheries Act Catch History Review Committee

FURTHER INFORMATION

• Further information can be obtained on request