Decisions, proceedings and news from the highest courts in some common law jurisdictions in the past week.

An historic sitting at the Employment Court took place this week with the first all-women bench on Tuesday, 13 October. Chief Judge Christina Inglis, Judge Joanna Holden and Judge Kathryn Beck heard Gate Gourmet NZ Ltd v Sandhu & Ors at the Specialist Courts on Federal Street in Auckland. This week’s sitting...

New Zealand Supreme CourtMurder, sentencing discount for guilty plea, personal characteristicsSmith v R [2020] NZSC 106 (7 October 2020) Unsuccessful leave application – S pleaded guilty to murder of his former partner - Murder took place in November 2012 - Plea entered in September 2013 after a sentencing indication – M...

New Zealand Supreme CourtCharitable or public gift, tax creditCommissioner of Inland Revenue v Church of Jesus Christ of Latter-Day Saints Trust Bord and anor [2020] NZSC 102 (30 September 2020) Unsuccessful leave application – Commissioner (CIR) challenged payments to the Trust Board (the Board) associated with missionaries Church selected to proselytise overseas...

New Zealand Supreme CourtConflict of laws, protest to jurisdiction, negligent misstatement, FTA, Nevada lawSchaeffer v Murren and ors [2020] NZSC 98 (22 September 2020) Unsuccessful leave application – S and respondents, M residents of Nevada in the United States – S acquired an 80 per cent interest in a Nelson vineyard...

Jinyue (Paul) Young has been suspended by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal for two-and-a-half years. The two charges against Mr Young were for negligence or incompetence, and for “attempts to dissuade his former client pursuing the complaint”. The Tribunal noted that the first charge arose because he took instructions...

US Supreme Court Justice, Ruth Bader Ginsburg, the second woman to serve on the high court and a legal pioneer for gender equality, has been remembered in New Zealand as well as across the United States and around the world. She died on 18 September at her home in Washington at...

Barrister Alison Douglass tells us about the book she's co-authored providing practical guidance to health professionals and lawyers on assessing the mental capacity of clients.

I will be enthusiastically participating in Mental Health Awareness Week this year, but here is why it might not be the best way to communicate about mental health.  Our mental health underpins almost everything in our lives. Good mental health includes effective functioning of our brain, the brain’s connection with our...

Manawatu lawyer Kirsten Gaye Harper has been censured and ordered to pay $21,833 in costs by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. Mrs Harper accepted a charge of misconduct for more than 70 breaches of the rules surrounding the witnessing of documents, and subsequent certification. The Tribunal felt, however, that...