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Peer to peer lending on the rise

Peer to peer lending on the rise

Peer to peer lending (or P2P) looks set to grow in New Zealand with the introduction of LendMe later this year. Offering competition for banks and finance companies, the new P2P finance model is an interesting alternative to traditional means of lending and borrowing.

By Matt O'Neale - 25 Jun 2015

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Court of Appeal offers more certainty to creditors

Court of Appeal offers more certainty to creditors

The recent case of Timberland Limited v Levin & Anor is a victory for trade creditors. The case concerned the voidable preference regime under the Companies Act. Under that regime, a liquidator of a company can "claw back" payments made to a creditor within two years of liquidation.

By Claire Mansell - 30 Apr 2015

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Further law reforms set to overhaul consumer credit contracts

Further law reforms set to overhaul consumer credit contracts

Extensive changes to the Credit Contracts and Consumer Finance Act 2003 are coming into force on 6 June 2015. They will have a significant impact on lenders who advance funds to consumers (for example, home loans, credit cards, vehicle finance or those who lend money for the purchase of consumer goods and services).

By Claire Barron - 27 Mar 2015

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Unfair terms in standard form contracts prohibited from today

Unfair terms in standard form contracts prohibited from today

Does your business use standard form consumer contracts? If so, you need to be aware that unfair contract terms will be prohibited in standard form consumer contracts from today (17 March 2015).

By Claire Barron - 17 Mar 2015

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Clayton v Clayton and Trusts

Clayton v Clayton and Trusts

The headlines relating to the Clayton v Clayton case, the judgment for which the Court of Appeal released in early March 2015, read "Ruling Redraws the Landscape" and "Divorce Case Throws Doubt on Trusts' Status". Among other things, the Court held that Mr Clayton's right to remove discretionary beneficiaries, and therefore leave himself as the sole person entitled to receive income and capital from the trust, could be property and therefore relationship property. It also held that the value of that relationship property was the net value of the trust's assets.

By Lewis Grant - 9 Mar 2015

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Former employee has her cake and eats it too

Former employee has her cake and eats it too

Former employee Karen Hammond has just had a massive win against her former employer Credit Union Baywide. After Karen's friend was "let go" from Credit Union, Karen decided to throw a dinner party for her. The pièce de résistance of the evening was a cake with the phrase "F### U Credit Union" iced on the top.

By Claire Mansell - 5 Mar 2015

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Recent Building Act changes have far reaching effects for developers and investors

Recent Building Act changes have far reaching effects for developers and investors

Significant changes to the Building Act 2004 and new regulations came into effect on 1 January 2015. The legislation contains far-reaching changes for residential building contracts and some contracts of sale of residential properties by developers and investors.

By Kay Keam - 26 Feb 2015

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Breaking News: Good news for contractors but bad news for liquidators

Breaking News: Good news for contractors but bad news for liquidators

Under the voidable transaction regime, the liquidator of a company can "claw back" payments made to a creditor within the two years prior to liquidation. In order to do so liquidators must show the payment was made at a time when the company was insolvent and allowed the creditor to receive more than they would have in the liquidation.

By Claire Mansell - 18 Feb 2015

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The morning after the night before

The morning after the night before

The talk around the water cooler has focused on the couple filmed having sex in a Christchurch city centre office. As an employment lawyer, I've been asked whether the couple can "get fired" for their actions.  Well, it depends.

By Claire Mansell - 3 Feb 2015

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Martelli McKegg announces new Associate Claire Mansell

Martelli McKegg announces new Associate Claire Mansell

We are pleased to announce our new associate, Claire Mansell. Claire is an experienced litigator with particular expertise in insolvency and civil litigation. She has been with us since 2009.

By Andrew Steele and Tony Johnson - 2 Feb 2015

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