The Law Association of New Zealand



S21 Agreements: Lawyers’ Liability (2025) (On Demand)

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This On Demand was recorded on 26 March 2025.

There are multiple responsibilities and potential liabilities of lawyers when advising clients on contracting out and settlement agreements under the Property (Relationships) Act 1976 (PRA). For agreements under s21, 21A, and 21B of the PRA to be binding, they must be witnessed by a lawyer who certifies that independent legal advice has been provided. If a lawyer fails to give adequate advice, they may face legal liability.

Join us for this On Demand where Elizabeth Heaney (Senior Associate at Tompkins Wake) will cover the key causes of action for inadequate advice, outline lawyers’ duty of care, and provide practical guidance on minimising liability through best practices.

Learning Outcomes

  • Understand lawyers’ obligations when advising on contracting out and settlement agreements under the PRA.
  • Identify potential causes of action and liabilities for inadequate legal advice.
  • Analyse the lawyer’s duty of care and the consequences of breaching that duty.
  • Assess how damages are measured and the statutory limitation periods for claims.
  • Apply best practices to minimize the risk of liability when advising on PRA agreements.


Who Should Watch?

Lawyers at all levels working in family law and property law.

Presenter

Elizabeth Heaney, Senior Associate, Tompkins Wake

Elizabeth Heaney

Elizabeth is a senior associate in the family law team at Tompkins Wake (Auckland). She specialises in family law with a particular focus on relationship property, trusts and estates. Elizabeth also has experience as a civil litigator and has acted on professional liability disputes with a particular focus on trustee and legal professional liability. She advises a wide range of clients representing them in the Family Court, High Court, the Court of Appeal, at arbitration and mediation.

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Details

CPD Hours: 1.00hr

Pricing Details

Ticket Price

Member: $115 plus GST
Non-Member: $160 plus GST






This On Demand includes the video and materials, and will earn CPD. 

Click here to access materials only.

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