Publications
David Friar is an Auckland barrister specialising in commercial litigation. He has particular expertise in insurance, corporate and insolvency law, as well as property, contract and class actions.
David writes and speaks extensively on commercial litigation and legal issues.
- He has presented a number of CLE seminars for the New Zealand Law Society, The Law Association (formerly ADLS) and the Legal Research Foundation.
- He has presented at industry events, such as ANZIIF and RITANZ, as well as presenting workshops and training to clients.
- He has written articles and other publications about recent legal developments.
- He publishes commentary on recent decisions from the Courts, which you can read on LinkedIn or here.
- He is often asked by the media to comment on legal developments and recent cases.
Details of David’s published books and articles, seminars and presentations, law reform submissions, and media commentary, are listed below.
Full list of publications and presentations
Articles and Book chapters
- “Directors’ Duties” chapter, Morison’s Company Law (2014 to 2018). Cited by the Supreme Court in Madsen-Ries v Cooper (Debut Homes) [2020] NZSC 100
- “‘No access’ lease clauses back in lockdown spotlight”, with Powell and Holland, Newsroom (2021)
- “Supreme Court finds director personally liable for company debts”, on Debut Homes, with Leslie, Newsroom (2020)
- “Recent Supreme Court decision will change the nature and impact of class actions in New Zealand”, on Ross [2020] NZSC 126, with Scholes, ADLS Law News and interest.co.nz (2020)
- “Supreme Court rules that leases don’t require tenant to remediate subsoil contamination”, with Green, Energy News (2016)
- “Supreme Court confirms building owners are not required to upgrade to 67% of NBS”, with Clarke, ADLS Law News (2015)
- “Three new insurance cases closed 2014”, with Powell and McNeely, Mercantile Gazette (2015)
- “Super-priority for the CIR?”, on CIR v Jennings [2013] NZCA 455, New Zealand Law Journal (2014)
- “The Lombard Finance decision: more important lessons for directors”, New Zealand Lawyer (2012)
- “What a difference a day makes”, on Ingram v Patcroft [2011] NZSC 49, New Zealand Lawyer (2011)
Seminars and Presentations
- “Liability Trends for Directors and Officers”, opening presentation and panel member at the ANZIIF Annual Liability Conference (2025)
- “Class Actions”, Legal Research Foundation Brown Bag Lunch Seminar (2024)
- “Who Knows? Rights to Information in an Insolvency”, with Fitzgerald, RITANZ Annual Conference (2023)
- “The Mainzeal Decision: What Does It Mean For Directors?”, Chartered Accountants Australia & New Zealand seminar (2023)
- “Directors’ Duties Following the UK Supreme Court’s Decision in Sequana”, RITANZ seminar (2022)
- “Enforcement Remedies”, Legal Research Foundation Brown Bag Lunch Seminar (2021)
- “Advising Company Directors: The Implications of the Supreme Court’s Decision in Debut Homes”, with Fitzgerald, ADLS CLE seminar (2020)
- “Lights, Funding, Action: A Closer Look at Litigation Funding and Class Actions”, with Parlane and Woodhams, ADLS CLE seminar (2020)
- “The Future of Class Actions”, panellist, University of Auckland Symposium (2018)
- “Litigation Funding”, ANZIIF Annual Liability Conference (2018)
- “The Channel 10 Decision and Implications for Voluntary Administrators”, RITANZ seminar (2017)
- “Creditors’ Remedies”, with Pinny, NZLS CLE seminar (2013)
- “Contractual Damages and the Supreme Court’s Altimarloch Decision”, LexisNexis Conference on Contract Law (2012)
- “Directors’ Duties in Light of the Failed Finance Companies”, Annual Corporate Insolvency Conference (2012)
- “Insurance Law Issues”, panel discussion, ANZIIF Seminar (2012)
- “New Discovery Rules”, with King and O’Gorman, NZLS CLE seminar (2011)
Client seminars
- “Alternative dispute resolution”, insurer presentation (2025)
- “Claims workshop”, insurer presentation (2024)
- “Contract Law Update: misrepresentation”, client presentation (2024)
- “Recent insurance case law”, insurer presentation (2024)
- “Contract Law Update”, annual client presentation on best endeavours (2014), conditions (2015), exclusions (2016), interpretation (2017), misrepresentation (2018), agreement (2019), force majeure (2020), remedies (2021), insurance contracts (2022) and limitation clauses (2023)
Law reform submissions (co-author)
- Submission to the Law Commission on Class Actions (2021)
- Submissions to the Rules Committee on Improving Access to Civil Justice (2020, 2021 and 2023)
- Submission to MBIE on the Insurance Contract Law Review Options Paper (2019)
- Submission to the Select Committee on the Judicature Modernisation Bill (2014)
- Submission to the Law Commission on the Review of the Judicature Act (2012)
- Submission to the Rules Committee on the Draft Electronic Bundle Protocol (2012)
Media commentary
- Newsroom, “Courts crack down on AI hallucinations”, on the Supreme Court’s warnings about AI-generated citations (2026)
- NBR, Private Bin, on the Supreme Court’s anti-suit injunction decision in Wikeley (2025)
- ANZIIF, “Five trends to follow in insurance-related liability claims disputes” (2025)
- NBR, “With legislation MIA, court steps in to expedite class actions” (2024)
- BusinessDesk, “Battle over Du Val begins, with other secured lenders likely to act”, on the FMA’s appointment of receivers (2024)
- Newsroom, “Personal millions at stake as Mainzeal directors win and lose”, with Fitzgerald (2021)
- BusinessDesk, “Can you cancel a contract due to coronavirus?”, on force majeure clauses (2020)
- BusinessDesk, “Court of Appeal judgment further opens class action gates”, on the Ross decision (2019)
- Newsroom, “Mainzeal judgment brings lessons in corporate governance” (2019)
- NZ Herald, “Warning for tenants”, on the Court of Appeal’s decision in Holler v Osaki (2016)