Welcome to Barter Law, a full service law firm located in the Albany Village.

We work closely with clients to help them achieve the best result possible.
You can rely on us to provide frank legal advice, make law understandable and we will work hard for you.

Facing a drink driving charge?

 

There have been several recent District Court decisions in which people have been acquitted of the charge of drink driving that the Police brought against them. The defences have been technical defences based upon the Police not providing them with the appropriate advice during the drink driving arrest procedure.

 

If you face a drink driving charge, then we urge you to get legal advice about any possible defences you might have to the charge. Contact Laurence Herbke on 027 530 7086 or [email protected] from the Barter Law team today to discuss your case.

Our people have extensive experience and expertise in their particular areas of practice ensuring a high quality of excellence and service

The Barter Law team combines a wide range of legal expertise, a depth of knowledge and an ability to think outside the square enabling it to achieve the best results for its clients.

RICK PHILLIPS

Director, LLB
E: [email protected]
M: 021 927 648
DDI: 09 448 0501
Skype: Moodmaker62
FaceTime: Moodmaker62

LAURENCE HERBKE

Associate, LLB
E: [email protected]
M: 027 530 7086

CHRIS HALLOWES

Associate, LLB Hons TEP
E: [email protected]law.co.nz
M: 027 253 1980

WENDY DELAVEAU

Conveyancing Practitioner/Registered Legal Executive
E: [email protected]
M: 021 026 57616
DDI: 09 415 0003

ZAID NAHAB

URSULA CORBETT

Trust Account Administrator/PA
E: [email protected]
M: 09 415 0000

GLENDA MARTIN

Receptionist/Legal Secretary
E: [email protected]
PH: 09 415 0000

MAIN OFFICE

For General Enquiries
E: [email protected]
PH: 09 415 0000

There are many areas of law in which you need a lawyer to navigate

We are a full service legal practice that concentrates on the areas of legal practice in which it has an edge.

Business Law

Business law covers every aspect of starting, purchasing, running, selling, reconstructing and closing a business.

Criminal Law

We can represent you if you are facing a criminal charge.

Trusts and Estate Planning

Plan for your future now – get your property affairs in order, protect your assets.

Estate Administration

If someone you know has died recently, we can take care of the legal implications.

Property Law

Buying, developing, subdividing, selling, leasing property?

Elder Law

Care, welfare and protecting the rights and assets of people who are nearing or have reached retirement age.

Relationship Property

Entering into or ending a relationship – we can help.

Employment Law

Rights of employees and responsibilities of employers.

Dispute Resolution

Litigation, mediation, negotiation and arbitration.

What our clients say

I was owed a significant debt that I had been unable to collect for a number of years. I went to Chris Hallowes to help me recover it. The debtor proved very difficult and Chris guided me through the Court processes to recover it. I was impressed with Chris’ professionalism and his results. He kept me informed at every step and he recovered the debt in full plus interest for me. An amazing result. I highly recommend Chris and the Barter Law Team.

I highly recommend Chris and the Barter Law Team

Lorraine
I’ve recently used the services of Chris Hallowes, of Barter Law, Albany to assist me with the sale of my business. Chris listened attentively, advised me wisely, dealt with the other parties on my behalf and secured an outcome which protected my best interests. Chris did all this with care, honesty and integrity and in a very timely fashion.

I have no hesitation in recommending Barter Law

R. Gary Skeates - Auckland, NZ
I have worked with Chris on two occasions with respect to employment related issues. Chris is extremely professional in his approach to these challenges and is
always empathetic to what is typically an emotional situation for the client. He is efficient in his approach and communicates efficiently throughout the process
and has always provided a great outcome.

Chris is extremely professional in his approach

Nick Covich - Structural Engineers
I am an insolvency practitioner who first knew of Rick Phillips when I was a practicing accountant and he a newly qualified lawyer running a business class at Air New Zealand and we ended up establishing a business for a retiring employee servicing life jackets and rafts. Our association continues today. Barter Law have recently done sterling work for me…

Our association continues today

John Gilbert - C&C Strategic
I used Rick’s legal services in the mid to late 2000’s when he practiced in Newmarket. At the time I was a property investor undertaking residential and commercial developments including one in KeriKeri. Rick oversaw all the legal work on the KeriKeri project and when the global financial crisis hit he ably assisted me in achieving construction completed…

I unreservedly endorse their services

Les Viskovich
I and my wife are Singaporean’s who invested our life’s savings in property in a property scam in Albany. On a visit to New Zealand we looked for legal help and walked into Barter Law’s Albany offices from the street where we met Rick Phillips. This was our luckiest day for Rick had an extensive knowledge of property investment and in particular ‘put’ and ‘call’ options…

The Barter Law litigation team recovered our life savings

Adrian Huijie
Rick Phillips has provided me with sound personal and business advice covering a number of difficult situations including my being scammed by a number of rogues the latest of which being David Ross/Ross Asset Management. It was upon Rick’s advice many years ago that I established a family trust to own my family home and I am grateful for his advice…

Rick Phillips has provided me with sound personal and business advice

Robyn Watson
The Police charged me with driving with excess breath alcohol after my car broke down. Barter Law defended the charge at trial and I was successful.  A wonderful result.  A drink driving conviction would probably wrecked my career as a professional driver. I would recommend Barter Law to anyone facing a drink driving charge.

A wonderful result

Glen, Auckland
I went to Barter Law to help me with the sale of my business. The process was effortless and Barter Law’s professionalism impressed me.  They explained to me, in simple language, what was needed to successfully complete the transaction and monitored each step of the sale closely.

I went to Barter Law to help me with the sale of my business

Robyn Skeates
I was charged with driving while disqualified. I had just got a new job and needed to drive for it. If I lost my licence again I would lose my job. Keeping my licence means everything to me. Chris helped me keep my licence with a section 94 application. I would recommend Chris to anyone in a situation where they might lose their licence.

I would recommend Chris to anyone

Grace, Auckland
Laurence is a humble person and very easy to communicate with. He acted for me on my fourth drink driving charge I faced. I was very worried about what sentence I was looking at if I was convicted. He managed to persuade the Judge to give me a sentence indication of community work which I happily accepted. I am now out of the Court system and driving again…

Laurence is a humble person and very easy to communicate with

David, Auckland
Laurence represented me in the Auckland District Court when I was facing serious IRD fraud charges. It was a difficult period of time for me and he gave me clear guidance and advice throughout the process. I would recommend Laurence for anyone facing criminal charges.

I would recommend Laurence for anyone

Hamish, Auckland
Rick Phillips has provided me with sound personal and business advice covering a number of difficult situations including my being scammed by a number of rogues the latest of which being David Ross/Ross Asset Management. It was upon Rick’s advice many years ago that I established a family trust to own my family home and I am grateful for his advice, which I took, because I have lost everything else but still have a home in which to live with my dependent son.

Rick Phillips has provided me with sound personal and business advice

Robyn Watson
I was owed a significant debt that I had been unable to collect for a number of years. I went to Chris Hallowes to help me recover it. The debtor proved very difficult and Chris guided me through the Court processes to recover it. I was impressed with Chris’ professionalism and his results. He kept me informed at every step and he recovered the debt in full plus interest for me. An amazing result. I highly recommend Chris and the Barter Law Team.

I was owed a significant debt

Lorraine Campbell
Barter Law has acted for Redcoats on an array of commercial and business issues over the years. Steve Barter is a good friend of mine and the relationship we have was strengthened through our professional dealings. Since Steve retired, Rick and Laurence have provided the same top-notch advice and representation. At Redcoats we strive for excellence…

Rick and Laurence have provided the same top-notch advice

David Hall, Redcoats Commercial Cleaning Services, Auckland

Frequently Asked Questions

Why do I need to use a lawyer?

You need a lawyer because at Barter Law we can provide objective advice and represent you in private dispute, or against the State. The knowledge and experience that a lawyer can bring is invaluable and the benefits of having a lawyer should never be under estimated. Lawyer play an important role in ensuring justice is met and your interests are protected as far as possible.

Do I have to pay for a lawyer?

At Barter Law, the majority of our clients are private clients that pay our fees at an agreed rate. However, we also provide legal services in the areas of civil, family and criminal law through the New Zealand Legal Aid system. Call us to either discuss our rates or the possibility of us representing you through Legal Aid.

I want to win, does Barter Law guarantee results?

At Barter Law we pride ourselves on achieving excellent results for our clients. Some situations may be unwinnable and the best course of action is risk mitigation. However, if you have a strong case and your prospects of success are good, then Barter Law will work with you to ensure you achieve a successful result.

Sale and Purchase Agreements clause for Settlements during the Covid-19 pandemic.

The parties agree that settlement is hereby deferred to the 10th working day after the Government reduces the Covid-19 Level to Level 2 or below, or to such other date as may be mutually agreed. For the sake of clarity neither party shall have any claim against the other in relation to this deferral.

Is the Covid-19 Alert Level 4 a Force Majeure event?

COVID-19 Level 4 will in almost every case be a “force majeure” event.

Does your contract provide force majeure protection?

The purpose of Force majeure clauses is to provide protection where performance under a contract is affected.

 

Most “Force majeure” clauses identify an epidemic or pandemic as such an event. If the particular clause (in the contract under examination) does not identify this then it may still be a Force majeure event by reason COVID-19 was and is –

 

  • Unforeseeable
  • Outside of a either party to the contract control
  • Could not have been avoided or overcome,
  • Causing a party to be unable to perform their contractual obligations.

 

Whilst COVID-19 was unforeseeable it could be argued it became a foreseeability event from the time of its outbreak (in New Zealand).

 

It follows that if you enter into a contract now that Level 4 COVID applies that it is a foreseeable event. If the contract was made before COVID-19 then the position is relatively clear, namely –

 

  • Parties should try to mitigate their loss
  • The time for supply or performance of the contract should be extended (for a reasonable time)
  • Where mitigation and/or extension of time is not possible an affected party
  • Will be relieved from the obligation to perform the contract

Get in Touch..

Contact Barter Law today.