Areas of Practice

Ross is best known for his work in relationship property, trust and estate litigation.  

He also has expertise in education (public) law, where he has provided guidance across the spectrum to School Boards, Principals, families and the Ministry of Education. 

Relationship Property 

On the breakdown of a marriage, de facto relationship, or Civil Union, I advise clients on their rights and entitlements under the Property (Relationships) Act, 1976 (PRA) For more information on this area of my practice, please refer to Relationship Property under the FAQ tab.

Trusts and Equity

Often in conjunction with advice I offer clients on their rights under the PRA, I am asked to provide advice on possible claims against family trusts and or defences to claims. These claims may arise under conventional trust law principles or in equity. The Trustee Act, 1956, was repealed and substantially amended by the Trusts Act 2019, which becomes operative on 30 January 2021. The new act was a long time coming. Its purpose is to restate and reform New Zealand trust law by:

  • setting out the core principles of the law relating to express trusts; and

  • providing for default administrative rules for express trusts; and

  • providing for mechanisms to resolve trust-related disputes; and

  • making the law of trust more accessible.

For more information on this area of my practice, please refer to Trusts & Equity under the FAQ tab.

Wills and Estates 

Following death – usually of a family member but not always so, claims commonly arise by surviving spouses and children under the Family Protection Act, 1955 and or the Testamentary Promises ( Law Reform ) Act, 1949, against the deceased’s estate in circumstances where he/she has failed to make proper provision and / or is suspected of lacking testamentary capacity or subject to undue influence at the time he/she made his/her last Will.

Education (Public) Law 

Since 1989 and the passage into law of what was then considered to be radical reforms under the umbrella of Tomorrow Schools, all schools and tertiary institutions have become self-managing, governed by a Board of trustees (in the case of schools) and a Council (in the case of tertiary institutions) in each case managed by a chief executive – in the case of schools still called Principal. This structure has given rise to enormous challenges in the almost 20 years since these reforms were introduced under the Education Act, 1989. In this space I have advised Councils of tertiary institutions, Boards of Trustees and, from time to time, families too. I have also held Government appointments as School Commissioner and limited Statutory Manager appointed in each case to review and report on dysfunctional performance. I have contributed editorial to education journals and spoken at conferences of Principals and lawyers respectively.

For more information, please refer to Education Law, under the FAQ tab.