High Court Justice Brendan Brown
|Postion & Titles:||QC|
|Judge of:||HIGH COURT JUDGE, Auckland Since 2013|
|Specializations and Professional Interests:||Intellectual property, Treaty of Waitangi, tax, competition law.|
This opinion from Brendan Brown in justice in the firing line http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10803600
Brendan Brown, QC, is not surprised more people might be opting for mediation or arbitration for disputes suited to that. In these financially constrained times, people are more willing to seek a quick and cost-effective outcome that allows them to have an ongoing relationship with the other party.
But he is not convinced that there is a significant trend away from the courts or a general disillusionment. Many areas of law – including his specialties of intellectual property, tax and competition law – require a definitive judgment. A patent is valid or it isn’t, he says. Only a court can say an arrangement is tax avoidance.
England has specialist courts for such narrow fields as construction, technology and patent cases but there isn’t the work here for that and may not be even for broad-brush specialisation. There is already scope in commercial and patent law for a judge to have an economist or scientist sit with them.
Brown says the commercial lists that operate in Auckland and Wellington (for which three judges in each centre are nominated) could possibly be refined to become a commercial court. “I think [that] would be the answer to the noise we hear … I was going to say groundswell but there is no such thing as a groundswell. A lot of the stuff is repeated by the same people.”
|Background / Education:||Justice Brown graduated with an LLB (Hons) from the University of Canterbury in 1976. After employment as a law clerk at Brockett Cameron & Co in Christchurch, Justice Brown joined the Wellington firm of Bell Gully as a solicitor, becoming a partner of that firm in 1982.
In 1992 Justice Brown commenced practice as a barrister sole. He was appointed Queen’s Counsel in 1997, practising from Thomas More Chambers.In 2000 Brendan Brown was counsel assisting the Royal Commission on Genetic Modification, and appeared for the Crown in the Wai 262 claims regarding indigenous flora and fauna.
LLM University of New South Wales
Admitted to practise in New Zealand 1999
Professional Memberships: Tax Institute of Australia, Practice Council of the New York University International Tax Program, Taxation Committee of the New Zealand Law Society, New Zealand Branch Committee of the International Fiscal Association
Career: Brendan has been a partner at Russell McVeagh since 2003, and has represented clients in some of New Zealand’s most significant transactions and tax disputes, including for two banks on litigation concerning the tax consequences of cross-border structured financings. His recent work includes advising on Telecom’s NZ$4.3 billion demerger, and on the local incorporation of Westpac’s New Zealand operations.
|Degrees:||LLB (Hons) University of Canterbury|
|Admitted to the Bar:||1976|
|Interesting Relationships and Coincidences:|
BRENDAN BROWN – Associated news articles