Kellie Arthur

Kellie is known for her personable manner, quick mind and robust and pragmatic approach to legal problems. She is a leading practitioner in Trusts and Estates litigation.

Kellie acts in a range of civil and commercial disputes. Her practice encompasses contract and tort claims, trusts and estates litigation, property disputes, coronial inquiries and human rights cases. She has been recognised in Doyle’s Guide as a leading practitioner in Trusts and Estates Litigation. Kellie is a civil legal aid provider.

BIOGRAPHY

He uri nō Ngāti Toa Rangatira.

Before joining the Independent Bar in 2018, Kellie worked at Chapman Tripp, where she advised and acted for clients in a range of complex commercial disputes.

She has appeared in the Court of Appeal, High Court, District Court, Coroners Court and in significant domestic and international commercial arbitrations.

Prior to her legal career, Kellie worked in New Zealand and internationally providing strategic advice to large, corporate clients.

Alongside her practice, Kellie is Vice-President (Auckland) and Council member of the New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture (NZBA). She is also on the NZBA Management Committee, and has previously co-chaired the NZBA Conference Committee and NZBA Membership and Wellbeing Committee. Kellie is a faculty member of the NZLS CLE Litigation Skills Programme. Kellie is an Adjunct Instructor with the College of Law New Zealand, teaching Civil Litigation and Advocacy. She is a former Vice-President of Auckland Women Lawyers’ Association.

Kellie is a regular speaker at conferences, seminars, and panel discussions, including for NZBA, Te Hunga Rōia Māori o Aotearoa and Auckland Women Lawyers’ Association.

CASE HIGHLIGHTS

Inquiry into the death of Malachi Rain Subecz (2025) - representing Interested Party

Patel v Patel [2022] NZHC 3567

Counsel for first, third and fourth defendants in the High Court and Court of Appeal. The plaintiff brought a derivative action in equity on behalf of parents' estates. Clients were successful on all grounds in the High Court and the Court of Appeal. The plaintiff applied unsuccessfully for leave to appeal to the Supreme Court.

‍Laboyrie v Mills [2022] 2 NZLR 258; [2020] NZHC 700.

Counsel, with Simon Foote KC, for plaintiffs in High Court trial and Court of Appeal hearing regarding a family dispute over estate property. The case concerned common intention constructive trusts, the Pallant v Morgan equity, advancing estoppel in the face of a statute, and non-party costs awards against sole executor/sole beneficiary of an estate. Clients were successful on all grounds in the High Court and Court of Appeal.

Hawaiki Submarine Cable LP v Tonga Cable Ltd [2019] NZAR 177

Counsel, with Rob Latton, for plaintiff in the High Court. Successful setting aside of defendant/respondent’s protest to jurisdiction. Case notable for the Court’s application of the “doctrine of infection” in relation to guarantees. This case was the first time the doctrine was applied by a New Zealand court.

Chiem v Fordyce Company Limited [2022] NZHC 1978

Counsel, with Rob Latton, for plaintiff in High Court proceeding. Successfully defended a multi-million dollar counterclaim in negligence.

Li v 110 Formosa (NZ) Limited [2018] NZHC 3418

Counsel, with James Burt, for a defendant in proceedings alleging constructive trust, breach of fiduciary duty, and resulting trust in relation to the purchase of a significant parcel of land in Auckland. The claims against the defendant were settled in advance of trial

Family Protection Act 1955 cases

Counsel in multiple High Court proceedings under the Family Protection Act 1955. All proceedings settled in advance of trial.

Significant Commercial Arbitrations

Appeared as part of the defence team (with Alan Galbraith KC, Jane Anderson KC (as she was then), Adam Ross KC, Daniel Kalderimis and Marie Wisker) for Fonterra in a significant commercial UNCITRAL arbitration, seated and sitting in Singapore in 2016.

Appeared as part of defence team (with Jack Hodder KC, Adam Ross KC and James Burt) in relation to a reinsurance dispute arising out of the Canterbury Earthquake Sequence.

    • BA/BCA (Hons): 1997

    • LLB (Hons): 2010

    • Admitted to the bar: 2011

    • Barrister sole: 2018

    • New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture

    • Te Hunga Rōia Māori o Aotearoa

    • New Zealand Law Society | Te Kāhui Ture o Aotearoa

    • Auckland Women Lawyers' Association

    • Lawyers for Climate Action New Zealand Inc.

  • Mobile: 021 784 080

    Email: kelliearthur@fortyeightshortland.co.nz

    FortyEight Shortland Barristers, L34 Vero Centre, 48 Shortland Street, Auckland, 1010