The Law Down Under Podcast

On today’s episode of the Law Down Under Podcast, we are joined by Susan Barker. Sue Barker is the director of Sue Barker Charities Law, an award-winning boutique law firm in Wellington specialising in charities law and public tax law, which she founded in 2012. Sue is internationally recognised as a Charity Law scholar and is a director of the Charity Law Association of Australia and New Zealand. Sue is the author of the recently published (May 2025) Taxation of Charities in Aotearoa New Zealand and one of the co-authors, The Law and Practice of Charities in Aotearoa New Zealand, now in its second edition and published in 2024. In 2019, she was awarded the New Zealand Law Foundation International Research Fellowship Te Karahipi Rangahau ā Taiao, New Zealand’s premier legal research award, for her project “What does a world-leading framework of charities law look like?” Her landmark report, Focus on purpose, released in April 2022, made 70 recommendations for charities law reform in Aotearoa New Zealand. Sue’s expertise is regularly sought by the media and charities of all shapes, sizes and missions. She is a member of Charities Services’ Sector Group and the Core Reference Group for the Government’s review of the Charities Act 2005. She has played a leading role in advocating for an independent, first-principles review of the Charities Act, and her work is widely cited in sector reform discussions. We spoke with Sue about her career and discussed all things about charity law, including its future in New Zealand.

On today’s episode of the Law Down Under Podcast, we are joined by Dr Katy Barnett. Dr Katy Barnett is a Professor of Law at Melbourne Law School and is widely recognised as a leading authority in several areas, including the law of remedies. She joined Melbourne Law School in 2006 and was appointed permanently in 2010, following earlier roles as a research assistant at the Victorian Court of Appeal and as an associate to Justice Mandie at the Supreme Court of Victoria. Katy’s PhD focused on accounts of profit for breach of contract and has been cited by the Supreme Court of Canada. We discuss a relatively new and evolving area of commercial remedies relating to negotiation damages. We briefly touch on the more established concept of “user damages” in tort when contrasting the law’s remedial approach in contract claims involving no economic loss. During this episode, Dr Barnett takes us from the development of Wrotham Park damages to the United Kingdom Supreme Court’s decision in Morris-Garner and beyond. Given five decades of an inconsistent and complex legal landscape in this area, we tackle the question of what approach an Australian or New Zealand court might take in light of Morris-Garner and whether a coherent statement of principle is possible. I hope you will enjoy this discussion with Dr Katy Barnett.

On episode 32 of the Law Down Under Podcast, we are joined by Martin Dillon, a litigation specialist based in Hamilton, New Zealand. Martin has an arts degree in philosophy, and his studies focus on ethics. In addition to his private client work, he is also an approved legal aid provider. Martin published CourtKeys.com , which is an access to justice project he launched in 2013 involving a website which answers many frequently asked questions about law and legal processes. He has received awards for innovations in access to justice at the APAC Legal Awards in 2022 and the Lawyer International Legal 100 Awards in 2023. Martin is the author of Civil Litigation for Non-Lawyers , published by The Legal Drive in 2021. It provides information about how to run a civil Court case in New Zealand. It includes guidance on how to commence a claim in the District Court and the High Court, including what information is needed for particular documents. We discuss several topics, from philosophy to the composition of the New Zealand Rules Committee and everything in between. The key focus of our discussion is access to justice, including how the legal profession and the Courts can assist lay litigants (non-lawyers) to use the justice system more efficiently.

On today’s episode, we interview Michael Weatherall, an expert in construction law and dispute resolution. Michael has worked for Simpson Grierson since 1997, where he is now a partner and heads their construction law team. Michael has specialist expertise in virtually all areas of construction law. Before joining Simpson Grierson in 1997, he worked for the largest construction law firm in the UK. His first career was as a structural engineer and project manager with Beca. He remains a Chartered Professional Engineer. Michael is a past President of the New Zealand Society of Construction Law, and is a current member of the Standards New Zealand Committee which drafted the NZS3910:2023 Standard Conditions of Contract for Construction and Engineering Projects. He is also co-author of Kennedy-Grant and Weatherall on Construction Law in New Zealand”, the country’s leading practitioner text. We talk to Michael about all things construction law, including contracts and dispute resolution processes. I hope you enjoy this episode with Michael Weatherall.

On today’s episode of the Law Down Under Podcast, we interview Larry Pozner, an internationally renowned expert on cross-examination. A veteran criminal defence trial lawyer, Larry has achieved success as counsel in several high-profile cases and represented major American organizations such as the American Insurance Group and the Denver Broncos. Larry began his career as a public defender in Colorado and went on to found two firms specializing in criminal defence and civil litigation. He taught at the University of Denver College of Law, where he was voted Best Professor, and has since held programs on trial tactics throughout the US, Canada and Brazil. He was recognised as Lawyer of the Year for Denver Criminal Defence (Non-White Collar) by The Best Lawyers in America, and has been listed in the publication since 1987. Today, we have the privilege of hosting Larry on the podcast while he is in New Zealand to present his revolutionary seminar on cross examination. We talk with Larry about his illustrious career which spans more than five decades, as well as the latest edition of his book, ‘Cross Examination: Science and Techniques’, which was co-authored with expert trial attorney Roger Dodd. I hope you enjoy this episode with Larry Pozner.

On today’s episode of the Law Down Under Podcast, we interview former lawyer and current member of Parliament, Dr Duncan Webb. Duncan has served as the MP for Christchurch Central since 2017. As a former insurance lawyer and Professor of Law, Duncan has also worked for the Public Interest Project, which seeks to free innocent people from jail, and the Howard League, an organisation that advocates for prison reform. Duncan serves as the Deputy Shadow Leader of the House, a Member of the Justice Committee, and the Co-Chairperson of the New Zealand, Middle East and Africa Inter-Parliamentary Friendship Group. He is also the Labour Party Spokesperson for Christchurch Issues, Justice, the Earthquake Commission, and Regulation. In this episode, we discuss Duncan’s bill, “The Insurance Contracts Bill,” which was drawn from the members’ ballot bill biscuit tin in Parliament. Duncan’s bill aims to modernize insurance laws in New Zealand, making insurance contracts fairer and clearer for consumers. We talk with Duncan about how the bill rectifies several issues in our existing insurance law framework and brings much-needed reform to the industry. I hope you enjoy this episode with the Hon Dr Duncan Webb.

On today’s episode of the Law Down Under Podcast, we are joined by James Cochrane, a partner in Lane Neave’s Dispute Resolution and Litigation team. James has extensive experience in banking and finance, insolvency, and insurance. He also has a passion for all things cryptocurrency and Web3 technology. James was named by NZ Lawyer as a “changemaker” in its 2023 Most Influential Lawyers rankings. In 2022, he was named by Doyle as a Leading Insolvency and Restructuring Lawyer for New Zealand. He is a founding member of the New Zealand Institute of Credit Management, and is also on the Executive Council and legal working group for Blockchain New Zealand. Today, we talked with James about the law of cryptocurrency, digital assets, and the blockchain. We take a look at the challenges faced by investors, including emerging issues locally and overseas, as well as some local and international crypto exchange collapses. We consider how New Zealanders can protect themselves as the law in this area continues to develop. I hope you enjoy this episode with James Cochrane.

On today’s episode of the Law Down Under Podcast, we interview Michelle Chen, a specialist immigration lawyer and director of MC Legal. Having grown up with migrant parents, Michelle is driven by her personal experiences to help individuals and businesses alike with their immigration-related enquiries. Michelle is bilingual and has worked and studied in China and has travelled to several countries, including Russia, Tajikistan and Vietnam. In 2022, she started her own immigration practice, MC Legal. Michelle now works closely with businesses to ensure their ongoing immigration compliance, and with individuals looking to call New Zealand home. Today we talk with Michelle about how her personal experiences have influenced her work as an immigration specialist. We also take a look at the regulatory framework in New Zealand, and consider the challenges faced by migrants and businesses alike. I hope you enjoy this episode with Michelle Chen.

Get comfortable and be ready to enter the captivating world where law meets tech innovation on today's electrifying episode of the Law Down Under Podcast. We are thrilled to be in the company of Dominic Woolrych, the visionary co-founder of Lawpath. Be prepared as we journey through the technological frontier of the legal profession. Dominic Woolrych is the founder of Lawpath, an online legal platform that's rewriting the rules of the game for small businesses in Australia. He has also been blazing a trail as an Adjunct Professor at the University of Technology Sydney. Oh, and did we mention he's a director of the Australian Legal Technology Association? That's right, he's a triple-threat powerhouse in the legal tech arena. In 2022, Dom rightly took his spot as a finalist at the SmallBiz Week Young Hero Awards in the coveted Young Innovator category. He's not just any innovator; he's in a league of his own, as evidenced by his recognition as one of the Top 20 University of Technology Sydney Alumni. Today, we dive deep into Dom's inspiring mission—to transform and digitalize the legal industry. Together, we explore the thrilling landscape of regulatory change and its profound impact on small businesses. But that's not all; we embark on a journey through the heart of the AI revolution, a seismic shift that's just begun to shake the legal profession to its core. We attempt to unravel the limitless opportunities AI offers to the legal profession here Down Under. We won't stop there! Join us as we dissect the technological trends shaping the future of the legal profession. This episode is your passport to the legal tech frontier, where innovation knows no bounds. Sit back, stand up or do what you like but get ready to be inspired as we embark on this incredible episode with the trailblazing Dom Woolrych.

On today’s episode of the Law Down Under Podcast, we are joined by Dr Mele Vaitohi, a leading legal scholar on Tongan constitutional law. Mele has had an extensive career in law and Government, and is the Manager of New Zealand Parliament’s Parliamentary Law and Practice Team. She recently completed her PhD in Law at Otago University, where she focused on the effects of the 2010 constitutional reform in Tonga. In December 2022, Dr Vaitohi collaboratively published a groundbreaking research report on Improving Pasifika Legal Education in Aotearoa. We talk with Mele about the findings of the report, particularly the barriers affecting access to legal education for Pasifika students, as well as how schools, universities and the wider profession can improve the experience of Pasifika peoples. We also briefly discuss the complex issue of intersectionality being the interconnected relationship of social categorisations (such as race and social-economic status) as applied to Pasifika as a group. I hope you enjoy this episode with Dr Mele Vaitohi. Suggested further reading: Brooks, Jeffrey S. and Theoharis, George (2018) "Whiteucation: Privilege, Power and Prejudice in School and Society". Routledge. (Link) Melville, Angela (2014) "Barriers to Entry into Law School: An Examination of Socio-Economic and Indigenous Disadvantage". Legal Education Review, Vol. 24 : Iss. 1 , Article 4. (Link) Pease, Bob (2022) "Undoing Privilege: Unearned Advantage and Systemic Injustice in an Unequal World". Bloomsbury Publishing. Rivera, Lauren A (2015) "Pedigree: How Elite Students Get Elite Jobs". Princeton University Press. (Link) Tharp, D. Scott (2021) "Decoding Privilege: Exploring White College Students' Views on Social Inequality". Routledge. (Link) Verkaik, Robert (2018) "Posh Boys (How English Public Schools Ruin Britain)". Oneworld.

On today’s episode of the Law Down Under Podcast, we are joined by Aaron Lloyd, a partner at MinterEllisonRuddWatts. Aaron specialises in trial advocacy, white-collar criminal and regulatory affairs, employment law, and sports law. Aaron is recognized as one of the Asia-Pacific’s top sports lawyers, and recently received Best Lawyers’ Lawyer of the Year Award 2023 for Sports Law. He has affiliations with several esteemed organisations, including the Legal Research Foundation, the American Bar Association, and the Auckland Medico-Legal Society. He also serves on the Panel of Pro-Bono Counsel for the Sports Tribunal of New Zealand. Today we talk to Aaron about his involvement in sports law and how the sporting industry is regulated both at international and national level. We also discuss the roles played by WADA, the Sports Tribunal and the Court of Arbitration for Sport as well as several other sports-related issues. I hope you enjoy this episode with Aaron Lloyd.

On today’s episode of the Law Down Under Podcast, we interview Arran Hunt, a partner at Stace Hammond. Arran is an expert in immigration law, technology law, internet law and social media. He has a passion for helping people to protect themselves online and to understand how the laws of the digital world impact them. He is a Board Member of the Dignity Freedom Network, a non-profit organization focused on improving access to education and restoring dignity and freedom to marginalized children and women. In 2021, Arran was awarded as a Top Diverse Board-Ready Director by the Superdiversity Institute for Law, Policy and Business. Today, we talk to Arran about the law of the internet and social media. We consider the types of threats that exist online and whether New Zealand’s current legal framework is sufficient to keep up with the ever-developing world of technology. We also discuss advances in technology that affect lawyers and how individuals and businesses can protect themselves online. I hope you enjoy this episode with Arran Hunt.

On today’s episode of the Law Down Under Podcast, we interview Dr Bridgette Toy-Cronin, an expert in the legal profession, civil procedure and access to justice. She is passionate about improving access to the civil justice system, and researches issues pertaining to litigants, dispute resolution design, and socio-legal methods for civil justice research. Bridgette has a Master of Laws from Harvard Law School, and is a Senior Lecturer at Otago University, where she teaches undergraduate programmes in The Legal System, as well as Lawyers, Clients and the Profession. She is also the Director of the Civil Justice Centre and a Co-Director of the Otago Centre for Law and Society. We talk to Bridgette about supporting people to access the justice system, as well as the future of dispute resolution processes and spaces. I hope you enjoy this episode with Dr Bridgette Toy-Cronin.

On today’s episode of the Law Down Under podcast, we interview Dr Marilyn Bromberg, Director Higher Degrees (Coursework) at the University of Western Australia Law School. Marilyn has a PhD from Murdoch University and is an expert on health law, social media, and body image law. She has previously spoken on many noteworthy institutions such as Harvard University and the Supreme Court of Canada, and in 2017 received Blackstone Society’s Teacher of the Year Award. Today we dive into the topic of body image law and the approaches being taken to body image issues Down Under and throughout the world. We also consider what further reform needs to take place and how we as individuals can help those suffering from body image issues. I hope you enjoy this episode with Dr Marilyn Bromberg.

On today’s episode of the Law Down Under Podcast, we interview Dr Marco Rizzi, an expert in health law, therapeutic goods and medical devices. Marco is Associate Professor and Deputy Head of the University of Western Australia Law School, where he teaches Torts, Health Law and Policy, and Risk Regulation. He has a PhD, and Master’s Degrees in Civil and Comparative Law from the European University Institute and the University of Pisa. We discuss Marco’s career before diving into the regulation of therapeutic goods and medical devices in Australia. We consider how the Therapeutic Goods Administration (TGA) – Australia’s main regulatory authority – performs its role in approving and regulating therapeutic goods and medical devices. We also consider the mass litigation surrounding some of these products. I hope you enjoy this episode with Dr Marco Rizzi.

On today’s episode of the Law Down Under Podcast, we interview Dr Martijn Boersma, an expert on modern slavery. Martijn has a PhD in Management from the University of Technology Sydney and Master’s Degrees in Science and Arts from the University of Amsterdam. He currently works as an Associate Professor at the University of Notre Dame. We discuss Martijn’s current research and the postgraduate programs he teaches on modern slavery and human trafficking. We also examine efforts to combat modern slavery and consider what future reform in this area might look like. I hope you enjoy this episode with Dr Martijn Boersma.

On today’s episode of The Law Down Under Podcast, we interview Steven Moe, a partner at Parry Field Lawyers. Steven is a commercial law expert and is passionate about empowering impact. He is the host and founder of the Seeds Podcast and a creator of the Impact Unconference. We talk with Steven about his specialty areas of law and consider how enterprises and investors are bringing about positive change. We then discuss the Impact Unconference and his experiences in podcasting. I hope you enjoy this episode with Steven Moe.

On today’s episode of The Law Down Under Podcast, we interview the Honourable Paul Heath QC, who specialises in insolvency law. Paul was appointed a Queen’s Counsel in 1998. He has served as a Law Commissioner as well as a New Zealand High Court Judge for 16 years. He is currently a member of Bankside Chambers in Auckland and Singapore. He is also an Associate at South Square in London, where he practises as an arbitrator and mediator in domestic and international disputes. We discuss Paul’s expansive career before delving into his specialist area of insolvency law, focusing particularly on cross-border insolvency. We review some of the mechanics of corporate insolvency and conclude by evaluating New Zealand’s approach to cross-border insolvency. I hope you enjoy this episode with Paul Heath QC.

On today's episode of the Law Down Under Podcast, we interview Profs Bin Li and Tania Sourdin from the University of Newcastle Law School. Prof Li is an expert on all things law and technology, working to shed light on how new technologies are used within the justice sector and how they impact dispute resolution processes. Prof Sourdin is the Dean and Head of Law School, and has had an extensive career focusing on justice, litigation, conflict avoidance and dispute resolution. In this episode, we discuss how these interests were sparked and the sort of technology that is being introduced into the justice sector. We take a look at justice apps and what they really offer for the legal industry, for self-represented litigants and legal education, as well as what their limitations may be. Finally, we discuss where Profs Li and Sourdin see the future of digital technology use in the justice sector going. This is an unmissable episode for all those interested in the role technology plays in the justice system. I hope you enjoy this episode with Profs Bin Li and Tania Sourdin.

In today’s episode of The Law Down Under Podcast, we interview Dr Lucas Lixinski, a Professor at the Faculty of Law and Justice at the University of New South Wales, Sydney. Lucas is a highly qualified international law expert, focusing his work on international cultural heritage law and international human rights law. In this episode, we discuss the role of cultural heritage law in protecting cultural identity in times of transition. We discuss some international organisations which exist to protect and promote cultural heritage. Lucas has recently published book “Legalised Identities” which comprehensively covers this area of law and contains several outtakes that are relevant to both the Australian and New Zealand contexts. We discuss the ANZAC corpses as heritage and events like the sinking of the Rainbow Warrior and the importance of underwater heritage. We end the podcast by discussing the idea of cultural heritage as pragmatism. This is must listen to episode for anyone interested in international cultural heritage law and its application here Down Under. I hope you enjoy this episode with Dr Lucas Lixinski.