James ['Jim'] Farmer practises as a barrister from Chambers in Auckland.
He is a King’s Counsel, admitted to practise as such in New Zealand, New South Wales, Victoria and the Australian Capital Territory. In addition, he has been admitted to appear on a case by case basis as a non-resident King’s Counsel in Hong Kong. He has University degrees from the University of Auckland – Bachelor of Laws and Master of Laws with First Class Honours – and from the University of Cambridge – Ph.D, for which he was awarded the Yorke Prize. He has held academic positions at Auckland, including an appointment as a part-time Professor of Law, and Cambridge, where he was a Fellow of Gonville and Caius College. His field of practice covers all areas of commercial law and public law. He is particularly known for the many appearances that he has made as counsel in competition (antitrust) law cases. More...

Latest Legal Commentaries

Directors’ Duties to Creditors in an Insolvency Situation

Notes of lecture to Lawyers and Accountants specializing in Trust law (19 September 2023) Trading while insolvent Two-fold insolvency test: (1) balance sheet (assets and liabilities) (2) liquidity (paying debts as they fall due What are directors’ duties largely statutory – originated in Chancery Courts in England as fiduciary in nature – directors entrusted with company assets.  (The leading exposition of directors’ duties was that of Romer J in Re City Equitable Fire Insurance Company Ltd. [1925] 1 Ch. 407: duties are fiduciary in nature but directors are not trustees (at 426).) Companies Act 1993, (relevantly to present discussion) sections More...

Redundancy, Good faith and Employment Law

These are troubled times. Companies are seeking to cut costs and restructuring and reduction of their work force is an obvious way of doing so. Redundancy is the outcome. Unlike many countries, New Zealand lacks any statute that deals specifically with employers’ obligations and employees’ rights in a redundancy situation. For that reason, a recent Judgment of the Employment Court delivered by former President of the New Zealand Law Society, Judge Kathryn Beck – New Zealand Steel Limited v. Haddad [2023] NZEmpC 57 (5 April 2023) - will be of interest. It goes a long way to filling the gap More...

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