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David Friar
Barrister
David Friar is a barrister at Mills Lane Chambers, a law firm established in October 2019 in Auckland, New Zealand.2 He is known for his expertise in a wide range of commercial disputes, including class actions, insurance litigation, contract and property disputes, as well as corporate and insolvency matters.14
Professional Background
Before joining Mills Lane Chambers, David Friar held the position of Partner at Bell Gully, a prominent New Zealand law firm.5 His transition to Mills Lane Chambers reflects his commitment to specialized legal practice.
Areas of Expertise
David Friar's legal practice focuses on:
- Commercial disputes
- Class actions
- Insurance litigation
- Corporate disputes
- Insolvency disputes
- Contract and property disputes
Recognition
David Friar's legal expertise has been recognized in the Asia-Pacific legal community. He is ranked in Chambers legal rankings for the Asia-Pacific region, indicating his standing among peers and clients in the legal profession.3
Professional Affiliations
David is registered with the New Zealand Law Society, where his preferred name is listed as David, and his workplace is recorded as David Friar Barrister, operating from Mills Lane Chambers.6
David Friar's LinkedIn profile can be found under the username david-friar-4b8b7849, where more details about his professional experience and network may be available.
Highlights
CLASS ACTIONS ➡ In a decision that will be welcomed by class action plaintiffs and litigation funders, the Court of Appeal ruled on Friday that New Zealand courts can make Common Fund Orders (CFOs) at the start of a class action.
This means that a Court can require a class member to pay a litigation funder a share of any recovery, even if the class member hasn’t agreed. While this avoids the “free rider” problem, do the Courts really have power to make such orders?
The Australian courts have said no, at least at the start of a class action – even though the Australian federal class action legislation gives wide powers to the courts.
The New Zealand Court of Appeal ruled that the Australian approach is “unrealistic”. It said that a New Zealand court has the power to make CFOs based on an “evolving”, “flexible” and “fair” interpretation of the Court Rules, as well as under its “equitable jurisdiction” and its “inherent power to supervise its own processes”.
The Court of Appeal overturned the High Court, which had declined to make a CFO at the start of the proceeding, ruling that a CFO should be made “as early as possible” in a class action.
The Law Commission has just released a paper proposing to amend the Human Rights Act to explicitly prohibit discrimination against people who are transgender, non-binary or intersex.
The Act currently prohibits discrimination on the grounds of “sex”, and a Crown Law opinion from 2006 concluded that this includes discrimination based on a person’s gender identity. However, there hasn’t been any court or tribunal decision in the nearly 20 years since that opinion, leaving the position uncertain.
The Law Commission’s preliminary view is that “legislative amendment is necessary and desirable to ensure adequate protection from discrimination for people who are transgender or non-binary or who have an innate variation of sex characteristics”. It has called for submissions on its proposed amendment, which close on 5 September 2024.
It remains to be seen whether a legislative amendment would be supported by the current Parliament. Georgina Beyer first proposed an amendment to the Human Rights Act to add “gender identity” as a prohibited ground of discrimination in 2004. Louise Wall again proposed an amendment in 2014. The Labour government proposed yet another amendment in 2021. And Elizabeth Kerekere then proposed another amendment in 2023.
Transgender, non-binary and intersex people should not be forced to rely on an old and uncertain Crown Law opinion, or the vagaries of Parliamentary process, in order to be free from discrimination. It’s time that the law clearly protects transgender, non-binary and intersex people against discrimination.
