Bio

Marc Corlett is an experienced trial lawyer with a broad practice that includes general, civil and commercial disputes; civil and criminal regulatory proceedings; fraud, money laundering, proceeds of crime and other criminal prosecutions and applications.

Marc has appeared in over 150 trials in the District Court and the High Court, and has appeared on more than 80 appeals in the Court of Appeal.

Between 1992 and 2010 when he joined the Bar, Marc spent more than ten years in commercial litigation, initially at Simpson Grierson and then at Russell McVeagh. During this time, Marc worked on a number of large scale and complex commercial litigation cases, appearing in the High Court and Court of Appeal.

Between 2003 and 2007, Marc was a Crown prosecutor for Meredith Connell, and also spent a period on secondment to Crown law as Crown counsel. During this time, Marc appeared regularly in the courts including appearing as sole or lead counsel in numerous judge alone and jury trials in the District Court and the High Court, and numerous appeals in the Court of Appeal. He has continued to appear for the Crown in the Court of Appeal since going to the Bar in 2010.

Since coming to the Bar, Marc has been involved in a number of large scale, complex commercial litigation cases; numerous high profile fraud and regulatory prosecutions; and as defence counsel in several criminal trials and also in the Court of Appeal.

Areas of practice

PROFESSIONAL ACTIVITY

Senior Solicitor, Russell McVeagh (2008-2010)

Associate, Meredith Connell (2003-2007)

Crown Counsel: (Seconded to) Crown Law (2006)

Senior Solicitor, Russell McVeagh (1996-1998; 2000-2002)

Solicitor, Simpson Grierson (1992-1994)

AWARDS

Graduate Scholarship in English (2005)

Senior Prize in English (2002)

Jennings Prize for Law (Wolfson College) (1995)

Pegasus Scholarship (Cambridge Commonwealth Trust) (1994)

Spencer Mason Travelling Scholarship in Law (Spencer Mason Trust) (1994)

Fellow Cambridge Commonwealth Society (1994)

Cleary Memorial Prize for the Most Outstanding Young Solicitor in New Zealand (New Zealand Law Society) (1993)

Gary Davis Memorial Medal for Oral Advocacy (Auckland University) (1991)

Stout Shield for Oral Advocacy (Auckland University) (1991)

QUALIFICATIONS

BA, BCom, LLB (Hons), BA (Hons), GDipA, PGDipA (Auck)

LLM (Cambridge)

MJur (Distinction) (Auck)

Admitted: May 1992

Barrister Sole: December 2010

Silk: 2016

Practice Areas

BANKING, SECURITIES, TAX AND FINANCIAL REGULATION

Disputes regarding finance transactions and recovery of money or assets, including enforcement of securities and guarantees. Engaging with regulators in relation to retail offers and consumer credit law and inquiries or investigations. Corporate tax regulation disputes and litigation.

CONTRACT, CIVIL, GOVERNMENT AND COMMERCIAL DISPUTES

All types of disputes involving individuals, partnerships, trusts and companies, whether based in contract or otherwise. This includes advising on, and acting in, litigation in the District Court, High Court, before arbitrators, mediators and appeals to the Court of Appeal and Supreme Court.

CRIMINAL, SERIOUS FRAUD AND PROCEEDS OF CRIME

Cases in the field of serious criminal law. This includes prosecutions under the Crimes Act, Misuse of Drugs Act, Income Tax Act, Proceeds of Crime (Recovery) Act and the Resource Management Act. Acting for both the Crown and defendants in trials and in the appellate courts.

Case History

Case History

RECENT TRIALS
NZ Iron Sands Holdings Ltd v Toward Industries and another (commercial – breach of contract)
R v De Marco (fraud)
R v MF (rape)
Trends Publishing International Limited v Callaghan Innovation (commercial – breach of contract)
R v XY (rape)
R v Ross and another (fraud)
State v Waqabaca and others (sedition)
R v SW (indecent assault)
Detection Services Limited and others v Pickering (commercial – breach of contract)
R v LW (Class A drugs charges)
R v MC (sexual violation)
R v AA (rape)
R v NS (rape)
R v O’Brien and others (Operation Chestnut – DIA/SFO Gaming Act prosecution)
Natural Waters of Viti Ltd v Yaqara Pastoral Company Ltd (commercial – breach of contract)
D4 Cash Investors Ltd v Advanced Creative Technologies Ltd (commercial – breach of contract)
Financial Markets Authority v Warminger (regulatory – market manipulation)
R v Sullivan and others (South Canterbury Finance)
Ma v Ta (commercial – breach of contract)
Robinson v Whangarei Head Ltd and another (damages for malicious prosecution)
Greymouth Holdings Ltd and others v Jet Trustees Ltd and others (commercial shareholder oppression)
R v HK (perverting the course of justice)
Fisher and Paykel Financial Services Ltd v Karum Group LLC (commercial – intellectual property)
R v Graham and others (Lombard Finance)
R v Moses and others (Nathans Finance)
R v Gui and others (Class A drugs charges)
RECENT COURT OF APPEAL CASES
Detection Services Pty Ltd and another v Pickering and another
Yarrow v Westpac New Zealand Ltd
Bublitz and others v R
Zhang and others v R
Farmer v R
Roux v R
Chetty v R
Holland v R
Wallace and Anor v Herron
Wilson v R
Grigg v R
Edmonds v R
Masters v R
Rudelj v R
Gray v R
Borg v R
Wharerau v R
Ake v R
Hawkins v R
Kaka v R
Flavell v R
Whelleans v R
Freyer v R
Davis v R
Cameron v R
Cress v R
Good v R
Chase v R
Leone v R
Lavrent v R
Challis v R
King v R
Timoti v R
Singh v R
Dale v R
Saunders v R
Aken v R
Clark v R
Pakau v R
Kalekale v R
Wilson v R
Aramoana v R
Sun v R
Hinton v R
Churchis v R
Ward v R
Lavemai v R
Freeman v R
Howard v R
Henderson v R
Pegler v R
McIvor v R
Mould v R

Terms of Engagement

These Standard Terms of Engagement (“Terms”) apply in respect of all work carried out by me for you, except to the extent that I otherwise agree with you in writing.

1 Services

1.1 The services I am to provide for you are outlined in your instructions and my engagement letter.

2 Financial

2.1  Fees:

a  The fees I will charge or the manner in which they will be arrived at, are set out in the engagement letter.

b  If the engagement letter specifies a fixed fee, I will charge this for the agreed scope of my services. Work which falls outside that scope will be charged on an hourly rate basis. I will advise you as soon as reasonably practicable if it becomes necessary for me to provide services outside the agreed scope and, if requested, give you an estimate of the likely amount of the further costs.

c  Where my fees are calculated on an hourly basis, the hourly rates are set out in my engagement letter. Time spent is recorded to the nearest hour.

2.2  Disbursements and expenses: In providing services I may incur disbursements or have to make payments to third parties on your behalf. These will be included in my invoice to you when the expense is incurred. If significant, I may require an advance payment for the disbursements or expenses which I will be incurring on your behalf.

2.3  GST (if any): Is payable by you on my fees and charges.

2.4  Invoices: I will send interim invoices to you, monthly and on completion of the matter, or on termination of my engagement. I may also send you an invoice when I incur a significant expense.

2.5  Payment: Invoices are payable within 7 days of the date of the invoice, unless alternative arrangements have been made. I may require interest to be paid on any amount which is more than 7 days overdue. Interest will be calculated at the rate of 4% above ASB Banks’ 90-day rate as at the close of business on the date payment became due.

2.6  Security: I may ask you to pre-pay amounts to me, or to provide security for my fees and expenses.

2.7 Third Parties: Although you may expect to be reimbursed by a third party for my fees and expenses, and although my invoices may at your request or with your approval be directed to a third party, nevertheless you remain responsible for payment to me if the third party fails to pay.

3 Confidentiality

3.1 I will hold in confidence all information concerning you or your affairs that I acquire during the course of acting for you. I will not disclose any of this information to any other person except:

a to the extent necessary or desirable to enable me to carry out your instructions; or

b to the extent required by law or by the Law Society’s Rules of Conduct and Client Care for Lawyers.

3.2 I will not disclose confidential information which I have in relation to any other client.

3.3 I will store your information electronically using cloud storage facilities. I will take all reasonable steps to ensure access is limited to those who are authorised.

4 Termination

4.1 You may terminate my retainer at any time.

4.2 I may terminate the retainer in any of the circumstances set out in the Law Society’s Rules of Conduct and Client Care for Lawyers

4.3 If my retainer is terminated, you must pay me all fees due up to the date of termination and all expenses incurred up to that date.

5 Retention of files and documents

5.1 All documents you provide to me must be in electronic format unless otherwise agreed between us.

5.2 Upon the termination of my retainer, I will return any hard copy documents to you.

5.3 You authorise me to destroy all files and documents for this matter 7 years after my engagement ends or earlier if I have converted those files and documents to an electronic format.

6 Conflicts of Interest

6.1 I have procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises I will advise you of this and follow the requirements and procedures set out in the Law Society’s Rules of Conduct and Client Care for Lawyers.

7 Duty of Care

7.1 My duty of care is to you and not to any other person. Before any other person may rely on my advice, I must expressly agree to this.

8 General

8.1 These Terms apply to any current engagement and also to any future engagement, whether or not I send you another copy of them.

8.2 I may change these Terms from time to time, in which case I will send you amended Terms.

8.3 My relationship with you is governed by New Zealand law and New Zealand courts have non- exclusive jurisdiction.

Set out below is the information required by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society (“Law Society”).

1 Fees:

The basis on which fees will be charged is set out in my letter of engagement. When payment of fees is to be made is set out in my Standard Terms of Engagement.

2  Professional Indemnity Insurance:

I maintain professional indemnity insurance that meets or exceeds the minimum standards specifed by the New Zealand Law Society.

3  Complaints:

I maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly.

If you have a complaint about my services or charges, please discuss it with me first.

If you do not wish to refer your complaint to me, or you are not satisfied with my response to your complaint, you may refer your complaint to an independent barrister to be agreed by us should the need arise.

The Law Society operates the Lawyers Complaints Service and you are able to make a complaint to that service. To do so, phone 0800 261 801 for information and advice about making a complaint.

4 Client Care and Service:

The Law Society client care and service information is set out below.

Whatever legal services your lawyer is providing, he or she must:

– Act competently, in a timely way, and in accordance with instructions received and arrangements made.

– Protect and promote your interests and act for you free from compromising in uences or loyalties.

– Discuss with you your objectives and how they should best be achieved.

– Provide you with information about the work to be done, who will do it and the way the services will be provided.

– Charge you a fee that is fair and reasonable and let you know how and when you will be billed.

– Give you clear information and advice.

– Protect your privacy and ensure appropriate con dentiality.

– Treat you fairly, respectfully and without discrimination.

– Keep you informed about the work being done and advise you when it is completed.

– Let you know how to make a complaint and deal with any complaint promptly and fairly.

The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyers. Those obligations are subject to other overriding duties, including duties to the Court and to the justice system.

If you have any questions, please visit the New Zealand Law Society or call 0800 261 801.

5. Limitations on extent of my Obligations or Liability:

Any limitations on the extent of my obligations to you or any limitation or exclusion of liability are set out in my letter of engagement. As a general rule, my liability is limited to the maximum cover provided by my professional indemnity insurance.

Contact

+64 21 73 2223

Rabobank Building
Level 7, 2 Commerce Street, Auckland

Email Marc Corlett