SMITH AND PARTNERS - Key Persons
Job Titles:
- Director LLB ( Hons )
- Key Member of the Commercial Team at Smith
Bret is a key member of the commercial team at Smith and Partners, having joined the firm after a successful career as a design agency owner. Bret's clients have confidence in him because of his unique combination of down-to-earth communication skills, strategic thinking and discipline honed from working with business owners and company directors for more than 30 years.
Bret advises clients on their legal position in the negotiating and structuring of, and agreements for, all kinds of commercial transactions. This includes the sale and purchase of businesses and other capital assets, as well as leasing, supply and licensing or distribution arrangements.
He helps clients with all forms of contracting between parties, including drafting of new contracts and interpretation of existing contracts. Whether it's a franchise agreement, a contract for service or your business terms of trade, Bret provides a pragmatic, commercial view - all the while aiming to mitigate your risk.
Bret has a particular interest in the tax and intellectual property implications of commercial transactions. The nature of modern business means intellectual property forms a large component of the value being exchanged and it is important to understand how it is created and how to protect it. He is also regularly engaged by clients with trade mark or copyright issues, including resolving questions around ownership and infringement.
His background in the creative industries gives Bret insight into the marketing and commercial priorities intellectual property owners have regarding protecting and enforcing their IP rights. His unique hybrid law/design expertise combined with Smith and Partners' commercial legal approach means clients receive top level, insightful advice and implementation.
Job Titles:
- Director LLB ( Hons ) Dip. Bus.
An experienced employment, estate litigation and elder law lawyer, Carolyn completed her law degree at City University, London in 1996. She was in house legal counsel for a large retirement village operator, before entering private practice in 2000. She joined Smith and Partners in 2011 as a senior lawyer before becoming a partner of the firm.
As partner, Carolyn heads the litigation arm of the practice which includes the family, employment, civil litigation and estate litigation teams. She also manages the estates administration team at Smith and Partners.
Carolyn's own area of specialisation includes Estate litigation and disputes arising from challenges to Wills, including Will interpretation and initiating and defending family protection, testamentary promises, testamentary incapacity, and undue influence claims.
Carolyn also specialises in employment law and acts for both employees and employers. Her practice encompasses the whole process from reviewing and drafting employment agreements, policies and other documents to assisting with disciplinary matters to negotiating over disputes and where necessary attending mediations and appearing at Employment Relation Authority hearings and at the Employment Court.
As well as a flourishing litigation practice, Carolyn has extensive experience as a general practitioner for private clients and she continues to practice in trust law, estate planning, and Wills matters and has a specialist knowledge and interest in retirement villages and elder law.
In 2022, Carolyn was invited by the New Zealand Retirement Commission to provide feedback on the feasibility of introducing a standardised Occupation Right Agreement for Retirement Villages and what that should look like. The report can be accessed here - https://retirement.govt.nz/retirement-villages/monitoring-and-reports/monitoring-reports/
Carolyn supports the firm's commitment to volunteering at the Citizens Advice Bureau at Henderson and Massey and to its various community sponsorships. She is a member of the New Zealand Law Society, the Auckland District Law Society and the Auckland Women Lawyers' Association.
Carolyn is a mother to three busy teenagers and enjoys family time - sailing in the summer and skiing in the winter.
Carolyn in the News
Kiri Allan controversy puts spotlight on return to work after mental health leave | Human Relations Director New Zealand (hcamag.com)
Trust sales: things can get complicated - NZ Herald article on selling property owned by a family trust
Your credit history up for scrutiny - stuff.co.nz article on changes to credit ratings
Uber driver US case may have NZ fallout - NZ Herald article on a Recent Case in the US and its Effect on Uber's NZ Employment Agreements
Check before you cut loose - NZ Herald article on property rights and responsibilities regarding trees
Embracing a new lifestyle - NZ Herald article on downsizing
Working with West Auckland businesses and families since 1988 - Rosebank Roundabout