Practice Areas

Commercial & Civil Litigation

Trial, appellate & interlocutory advocacy; dispute resolution

"You should expect your counsel to be: pragmatic; honest and willing to constantly keep you appraised of your current position and options; trustworthy; innovative; able to rapidly rationalise information and evidence (no matter how complex or vast); a highly skilled communicator who will represent you and your case in the best possible way; and, to be respected by both the Court and your opponent's lawyers."

 

David provides legal advice and advocacy in relation to a broad range of civil and commercial disputes.  He is available to appear before the New Zealand courts at all levels, including the Employment Court, High Court, Court of Appeal and Supreme Court. David is a highly skilled advocate with extensive experience litigating interlocutory applications, trials, applications for review and appeals.

He has often been specifically briefed to appear in cases involving difficult cross-examination and/or complex or technical subject matter.

Intellectual Property Law

Disputes, advice, advocacy

"Intellectual property law is one of the most rapidly changing specialist areas of legal practice.  Staying on top of recent developments is as important as being able to recognise the need for a change in the law to keep pace with the changing world, and being willing and able to fight to effect that change."

 

David is a highly regarded intellectual property barrister with a large number of significant, successful and reported decisions to his credit.

 

David is available to provide specialist advice and advocacy in relation to the full range of intellectual property and related commercial issues, including patents, trade marks, designs, plant variety rights, copyright, fair trading/passing off, trade secrets and confidential information, information technology, anti-counterfeiting and border protection matters.  

 

  • Patent and trade mark oppositions

  • Representation in all forms of IP related litigation, including interlocutory injunctions, trials, appeals and before the Courts at all levels

  • Alternative dispute resolution where appropriate

Employment Litigation

Advocacy, representation & advice

"Employment proceedings in particular can be stressful, draining and often involve emotions and personalities.  You need a representative who you can count on to ensure that you and your views are understood and respected, no matter what."

 

David is available to appear as counsel in relation to a broad range of employment, HR and contractual disputes. In addition to disputes between shareholders, contractors and suppliers/customers. 

Alternative Dispute Resolution

Advice & representation for all forms of ADR

"Litigation is just one of the tools that we can utilise to resolve your dispute.  The skill is knowing what step to take, and when, to help you achieve the best possible outcome"

 

Where appropriate, David promotes the early use of alternative forms of dispute resolution such as negotiation, mediation, arbitration and/or judicial settlement conferences.  He takes care to understand his clients' true objectives and maintains a pragmatic approach that ensures that his clients achieve the best possible outcome in the circumstances, for the least possible cost while minimising the use of time and resources.

©2019 by David L. Marriott