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Debts owed to you by a family trust - are they protected if you separate?

Debts owed to you by a family trust - are they protected if you separate?

New Zealand has one of the highest rates of Family Trusts per capita in the world. But a lot of these Trusts are not being managed correctly which then impacts on the protection a Trust can provide, particularly in the event of a relationship break down/separation.

By Fiona McGeorge - 12 Jul 2018

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How to prevent building disputes

How to prevent building disputes

Building disputes can be very costly to resolve and cause both parties a lot of stress. If a dispute arises before construction is complete, building work is often suspended until the dispute is resolved. This can cause delays and can put unfinished work or materials on site at risk of damage. On residential projects in particular, a homeowner will be very invested and emotions can run high. Fortunately, there are things all parties can put in place to help prevent disputes.

By Meika McHardy - 4 Jul 2018

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A win for Martelli McKegg in the Young Lawyers' moot

Martelli McKegg proudly congratulates its dynamic duo Kiren Narayanan and Terri Gough for winning the Auckland regional final of the National Law Foundation young lawyers' mooting competition.

By Andrew Steele - 3 Jul 2018

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From 1 July we will be requiring further information from our clients

From 1 July we will be requiring further information from our clients

From 1 July this year, we are required to undertake due diligence in order to comply with our obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act (AML/CFT). We will require information from you which may differ depending on your type of entity and the nature of your work. We will need this information prior to carrying out your instructions.

By Kay Keam - 21 Jun 2018

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Additional obligations of corporate trustees

Additional obligations of corporate trustees

It's no secret that New Zealanders love trusts. At its simplest, a trust is a legal relationship where someone (the settlor) gives property to another (the trustee) to look after it and use if for the benefit of another person (the beneficiary).

By Alden Ho - 21 Jun 2018

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Do I have a say in my child's life?

Do I have a say in my child's life?

If you are the father of a child, you may think that you automatically have a say in your child's upbringing (such as schooling, religion, where they live etc) however that may not be the case. Legally you only get a say in your child's life if you are their legal guardian.

By Surendra Bennett - 14 Jun 2018

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Is redundancy compensation making a comeback?

Is redundancy compensation making a comeback?

One of the lesser known policies of the current government was the promise to consider the reintroduction of minimum redundancy compensation for employees affected by restructuring.

By Claire Mansell - 7 Jun 2018

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The mighty caveat

The mighty caveat

Short of a registered mortgage or the property being registered in a party's name as owner, a caveat remains one of the most powerful tools for a party wanting to protect their security interest or their proprietary interest in a property.

By Tony Johnson - 30 May 2018

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Landlord claws back Airbnb profits and more

Landlord claws back Airbnb profits and more

Recently, the Tenancy Tribunal ruled that landlords can claim for the profits that a tenant makes in illegally subleasing their rental premises, especially for the purposes of an Airbnb rental. In this case, the landlord discovered that his apartment had been rented out 46 times over a six month period on Airbnb for approximately $249 per night.

By Pierce Bedogni - 25 May 2018

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Broken promises in deceased estates

Broken promises in deceased estates

In their advancing years, many people come to rely on the support, services and affection of others. Often this support is not from family members. In such instances many people make or imply promises that they will look after the service provider in their will. The promises are more often than not made to secure the benefits supplied, but can be made simply as a reward or 'gesture of gratitude' for the services supplied.

By Andrew Steele - 18 May 2018

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