Emmeline Rushbrook

Partner

Litigation and Dispute Resolution & Public, Regulatory, Competition

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Profile

Emmeline specialises in commercial and financial dispute resolution, regulatory compliance and enforcement, and public/administrative law. She has extensive experience advising on regulatory investigations, internal investigations and public inquiries. She also regularly advises clients on compliance with New Zealand consumer, financial services and insurance law, including assisting on conduct, culture, governance, remediation and law reform activities.

Emmeline brings a global perspective to her practice, having spent nine years working at Clifford Chance in London and continues to frequently act on matters that have an international dimension. Additionally, she is skilled at assisting on uniquely New Zealand matters, including those involving te reo, tikanga and Māori governance structures.

Emmeline consistently wins the trust of clients through her efficient, sensible and strategic approach, her ability to work seamlessly with in-house teams, and the international insights she brings to the New Zealand market. While in the UK, she was recognised in legal directories for her work in Public and Administrative law: 'One of the most proficient assistant solicitors', Emmeline Rushbrook is 'remorselessly hardworking and imperturbable' and 'extremely charming and patient' (UK Legal 500). 

Emmeline is a co-author of the New Zealand chapter in The Practitioner's Guide to Global Investigations 2018 and of The Laws of New Zealand Chapter on Consumer Credit.

Experience

Emmeline has acted in many high profile international as well as domestic matters. Her work has included:

  • Assisting clients with Commerce Commission, Financial Markets Authority and Reserve Bank information requests, reviews and investigations, including assisting negotiating and drafting settlement agreements and enforceable undertakings. 
  • Acting for range of clients on non-financial services regulatory and internal investigations (and associated court proceedings where these have eventuated), including relating to:
    • potential privacy breaches;
    • compliance with trade sanctions propagated under the United Nations Act;
    • potential breaches of the Secret Commissions Act 1910; and
    • WorkSafe and Transport Accident Investigation Commission investigations.
  • Conducting and devising appropriate and robust internal investigations and addressing procedural issues such as legal privilege and issues arising under the Protected Disclosures Act 2000 and Health & Safety in Work Act 2015.
  • Acting for a range of leading New Zealand entities involved in contractual disputes, including matters involving an international trade aspect;
  • Drafting and providing input on law reform submissions and processes. For example, in relation to (i) proposed changes to the Financial Advisers regime, the Credit Contracts and Consumer Finance Act and New Zealand's insurance laws; (ii) Phase 1 and 2 of the Reserve Bank review; and (iii) the Australian Bank Executives Accountability Regime.
  • Acting on a number of high profile post-GFC regulatory and internal investigations in the UK into alleged disclosure, conduct and cultural failings, including investigations relating to alleged bribery and corruption, breaches of the UK Listing Rules, rate-setting misconduct and breaches of the Companies Act.
  • Acting for a range of UK financial institutions in relation to mis-selling claims concerning various investment, credit and insurance products, including providing legal support through conducting internal investigations, responding to regulatory requests and successfully defending customer claims through the courts.
  • Acting on a team commissioned to produce a series of skilled persons reports for the Financial Conduct Authority (FCA) into alleged breaches of the FCA principle to deal with regulators in an open and transparent way.
  • Appearing for the Whakarewarewa Joint Trust to successfully oppose an urgent interim injunction application in the High Court: [2017] NZHC 1759.
  • Acting for Credit Suisse AG to protest the jurisdiction of the New Zealand courts in relation to a claim brought against it: [2018] NZHC 1755.
  • Acting for the Ministry of Defence (UK) to protest the jurisdiction of the New Zealand courts in relation to a claim brought against it: [2017] 3 NZLR 115 and [2018] NZCA 307.
  • Acting for the trustees of the Claymark and Vaughan Road Property Trusts in appeals before the New Zealand Supreme Court – Clayton v Clayton [2016] NZSC 29 and [2016] NZSC 30.
  • Acting as solicitor to the Judicial Inquiries concerning Madam Justice Levers (Cayman Islands) and Chief Justice Schofield (Gibraltar) and associated Privy Council proceedings ([2010] UKPC 24 and [2009] UKPC 43).

Credentials

LLB (Hons First Class), Victoria University of Wellington.

Professional

Emmeline was admitted to practise in New Zealand in 2002 and admitted to practise in England and Wales in 2007.

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