Will Irving

Experience

Will's experience includes:

Acting for financial institutions in investigations by all of New Zealand's financial regulators, including particular experience in relation to the Credit Contracts and Consumer Finance Act, the Anti-Money Laundering and Countering Financing of Terrorism Act, the Financial Markets Conduct Act and the NZX Listing Rules.
Acting for BNZ in defending proceedings brought by entities associated with the Gloriavale Christian Community challenging BNZ's closure of the entities' bank accounts.
Acting for Tiger Brokers (NZ) Limited in proceedings brought by the FMA in relation to non-compliance with the AML/CFT Act.
Acting for a derivatives issuer in enforcement action brought by the FMA in relation to contraventions of its derivatives issuer licence.
Advising and acting for landlords and tenants in relation to the application of rent abatement provisions in leases to the restrictions imposed in response to Covid-19, including in arbitration proceedings.
Acting for a subcontractor on a construction project in relation to arbitration and Court proceedings brought by the contractor and principal in relation to allegations of defective design.
Advising a business on an investigation by the Commerce Commission in relation to its debt collection practices.
Acting for AIA in proceedings brought by the FMA in relation to non-compliance with the FMCA: Financial Markets Authority v AIA New Zealand Ltd [2022] NZHC 2444.

Acting for two NZX market participants in separate proceedings before the NZ Markets Disciplinary Tribunal.
Acting for a financial technology solutions provider in two arbitrations with customers.
Acting for a taxpayer in High Court proceedings challenging an assessment in relation to the application of the transfer pricing rules.
Advising a property developer in relation to complex land covenant issues and associated professional negligence issues.
Acting for a property owner in an arbitration against a former tenant in relation to issues arising out of earthquake damage.
Advising a life insurer in relation to the FMA and RBNZ review of conduct and culture.
Appearing for the Electricity Networks Associations as intervener in judicial proceedings brought by Vector against Utilities Disputes Limited, in relation to the issue of whether lines companies owe a duty of care to commercial users of electricity: Vector Ltd v Utilities Disputes Commissioner [2018] NZHC 3096.
Acting for Turners & Growers in proceedings brought against it by a former grower, including appearing in contested interlocutory applications: Thode v Turners and Growers Horticulture Ltd [2018] NZHC 2234 and [2018] NZHC 890.
Appearing in an arbitration for a property developer against Auckland Council.
Appearing in an arbitration for a property developer against a contractual counterparty.
Acting for a retail bank in High Court proceedings involving fraud by an employee of one of its banking customers and associated breach of mandate claims.

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