Rebecca Davies is an experienced family lawyer who has practised as a barrister and solicitor for the past 8 years. She also has experience in commercial property and civil litigation having worked at 2 of Auckland’s largest law firms. Rebecca is focused on client needs and achieving the best possible outcomes for them in a cost effective and timely manner. She will explain the law and legal processes in plain language and consider practical solutions tailored to each client’s specific needs.
Rebecca advises clients in relation to all issues arising in family law disputes. She often advises on a variety of complex relationship property and trust matters, care of children disputes, family violence, and incapacity and estates matters.
Rebecca is based in our Auckland office in New Zealand.
Areas of Expertise
Rebecca acts for clients in relationship property matters involving:
- Relationship property agreements entered into before or after a marriage or de facto relationship
- Providing advice on Relationship Property Agreements before marriage or cohabitation
- Disputes as to the existence of a de facto relationship
- Situations where property has been disposed of to a Family Trust or other entity or transferred overseas
- Procedural disputes such as whether a proceeding had been commenced out of time or whether leave to commence a proceeding out of time should be granted
- Estate and trust litigation, including disputes over the validity of wills
Parenting and Children’s Matters
Rebecca is experienced in handling issues concerning children in both parenting and Oranga Tamariki (child protection) matters. She is adept at dealing with:
- Consent Orders and Parenting Plans
- Disputed parenting arrangements including where a grand-parent or other family member seeks to have primary care of the child or children or to spend time with them
- Urgent without notice applications where appropriate
- Removal to or retention of children in another country or city without the other’s parent’s consent
- Disputes as to the exercise of guardianship involving matters such as medical treatment, school enrolment, religious ceremonies, overseas travel
- Cases where Oranga Tamariki is already involved or where there has been abuse or neglect of children by a parent or family member
- Child Support Disputes
Rebecca represents clients who have experienced family violence as well as those who are responding to allegations of violence against them. She is empathetic, understanding, and provides pragmatic and strategic legal advice.
Rebecca is experienced at assisting clients in urgent or dangerous situations to apply for Protection Orders and other ancillary orders.
Rebecca is an experienced courtroom advocate and represents clients throughout the legal process including at final hearing stage.
Rebecca acts for clients in family violence matters that involve:
- All forms of physical violence and psychological abuse
- Financial Abuse
- Coercive and controlling behaviour
- Intimidating behaviour
- Cyber and social media abuse
- Stalking and harassment
- Verbal abuse
Family Protection Act and Succession matters
Rebecca represents clients in relation to claims against deceased estates by relatives or family members, or when a party is claiming against an estate based on a testamentary promise for services performed.
Rebecca has appeared in the High Court on a complex and long-standing Family Protection Act claim achieving an excellent result for her client who had not been provided for by the deceased.
Wills, Trusts and Estates
Rebecca provides advice on succession and estate planning and is able to advise on and prepare Wills and Enduring Powers of Attorney.
Rebecca also advises on other general trust and succession law issues and is experienced in advising trustees on their obligations as well as drafting trust deeds.
Rebecca advises clients on matters involving a parent or family member who has lost capacity and is unable to make decisions about their personal, care and welfare or property.
If there is not already a valid enduring power of attorney in place, Rebecca can assist with the preparation of an Application for the Appointment of a Welfare Guardian and/or Property Manager to manage the affairs of the incapacitated person. In such circumstances, Rebecca will represent the party seeking to be appointed in the Family Court until the application has been determined.
Advocacy and Court Appearances
Rebecca endeavours to resolve family law issues for her clients without the need for litigation and is an experienced negotiator who regularly assists clients through mediation or family dispute resolution.
Rebecca’s depth of family law experience also means she can promptly identify where the involvement of the Courts is needed.
Where court proceedings are necessary, Rebecca’s advocacy experience means she is well equipped to represent clients in Court at interim and final hearing stage.
Rebecca is involved in many fundraising projects at her whanau’ Marae in Te Kuiti, Waikato.
Rebecca has regularly volunteered for the Auckland City Mission over the years. Previously, Rebecca was a regular volunteer at the Waitakere Community Law Centre.
Rebecca is currently a volunteer member of the AWLA’s Network of Women panel.
Rebecca has presented at a number of seminars and conferences on dealing with difficult clients and on various family law issues.
- Bachelor of Arts majoring in politics and sociology (2013) (Auckland University)
- Bachelor of Laws (Hons)(2013) (Auckland University)
- Barrister and Solicitor of the High Court of New Zealand
- New Zealand Law Society, Family Law Section – Member
- Family Court’s Association – Member
- Auckland Women Lawyers’ Association – Member
- AWLA NOW Panel – Member
- New Zealand Law Society – Member
- Te Hunga Roia Maori Law’ Association – Member
- Aotearoa Legal Workers Union – Member