Courtney Rutledge

Senior Associate

 | 

BCom/LLB

+64 9 930 8209

Courtney is a civil litigator with a focus on estate, relationship property and trust claims.

Courtney has experience in disputes concerning probate, undue influence, testamentary capacity, validity of wills, the Family Protection Act 1955, division of relationship property, trusts and the appointment of welfare guardians and property managers under the Protection of Personal and Property Rights Act 1988. 

Prior to joining Morris, Courtney worked at a large litigation firm in Auckland. She began her career as an employed barrister at a well-regarded High Street chambers. Courtney has appeared as both junior and lead counsel in the Family Court and the High Court. She has also represented clients in numerous mediations involving estate and relationship property matters.

Alongside her law degree, Courtney has a bachelor of commerce, majoring in both accounting and finance. She leverages this expertise in disputes involving complex financial issues. 

Courtney is a member of the Family Law Section and Auckland Women Lawyers’ Association.

Experience

Lead counsel for wife in 7 day trial in the Family Court to divide relationship property including claims against a trust under the Family Proceedings Act 1980.

Representing claimant in successful High Court application for orders declaring a constructive trust over an express trust and dividing relationship property (H v W [2024] NZHC 1383).

Junior counsel for defendant who successfully opposed applications to strike out claims against a solicitor and the administrators of an estate for breach of duties, solicitor’s negligence, dishonest assistance and breach of the Fair Trading Act 1986 (Mackinnon-Johnsonv Clark [2023] NZHC 3819). 

Representing applicant in obtaining orders for sale under the Property Law Act 2007 (Middlemiss v Middlemiss [2023] NZHC 2051).

Junior counsel for defendant who successfully opposed application for orders to set aside judgment (Liu v Qian [2023] NZHC 3499).

Acting for executors of an estate in dispute concerning testamentary capacity, undue influence and will-maker’s understanding.

Acting as junior counsel for widow in successful application to have document validated as a will.

Representing wife at mediation concerning division of relationship property, occupation rent, economic disparity and business valuation issues.

Representing minor estranged child of the deceased at mediation, successfully settling a Family Protection Act claim.

Junior counsel for applicant in successful application to have temporary property manager appointed for the subject person who was the victim of a romance scam.

Junior counsel for adult children in successful claim under the Family Protection Act 1955 in the High Court (Cartwright v Joseph ([2018] NZHC 2383, [2018] NZHC 2867).

Junior counsel for respondent who successfully opposed application to recall grant of letters of administration and to validate a will instruction document (Kato v Matthes [2018] NZAR 1916).

Junior counsel for defendant who successfully opposed summary judgment application for breach of terms of trade (Jaychem Industries Ltd v Vincents Preparations Ltd [2018] NZHC 1180).

Publications

Lead counsel for wife in 7 day trial in the Family Court to divide relationship property including claims against a trust under the Family Proceedings Act 1980.

Representing claimant in successful High Court application for orders declaring a constructive trust over an express trust and dividing relationship property (H v W [2024] NZHC 1383).

Junior counsel for defendant who successfully opposed applications to strike out claims against a solicitor and the administrators of an estate for breach of duties, solicitor’s negligence, dishonest assistance and breach of the Fair Trading Act 1986 (Mackinnon-Johnsonv Clark [2023] NZHC 3819). 

Representing applicant in obtaining orders for sale under the Property Law Act 2007 (Middlemiss v Middlemiss [2023] NZHC 2051).

Junior counsel for defendant who successfully opposed application for orders to set aside judgment (Liu v Qian [2023] NZHC 3499).

Acting for executors of an estate in dispute concerning testamentary capacity, undue influence and will-maker’s understanding.

Acting as junior counsel for widow in successful application to have document validated as a will.

Representing wife at mediation concerning division of relationship property, occupation rent, economic disparity and business valuation issues.

Representing minor estranged child of the deceased at mediation, successfully settling a Family Protection Act claim.

Junior counsel for applicant in successful application to have temporary property manager appointed for the subject person who was the victim of a romance scam.

Junior counsel for adult children in successful claim under the Family Protection Act 1955 in the High Court (Cartwright v Joseph ([2018] NZHC 2383, [2018] NZHC 2867).

Junior counsel for respondent who successfully opposed application to recall grant of letters of administration and to validate a will instruction document (Kato v Matthes [2018] NZAR 1916).

Junior counsel for defendant who successfully opposed summary judgment application for breach of terms of trade (Jaychem Industries Ltd v Vincents Preparations Ltd [2018] NZHC 1180).

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