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Silver Splitters: starting again after divorce

Silver Splitters: starting again after divorce

The number of people divorcing aged 50+ is on the increase. These couples are sometimes referred to as 'Silver Splitters'. Life really can begin again at this age, where you meet someone new and settle down once again. Life may be wonderful during the honeymoon period and the thought that another relationship might fail often never enters your mind. Discussions around money and assets can be seen as unromantic and even offensive!

By Surendra Bennett - 5 Apr 2018

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Are office romances dead?

Are office romances dead?

In light of the recent sexual harassment scandals coming out of Hollywood (and closer to home), many people are wondering whether old fashioned office romances are a thing of the past. Given that one in five people meet their partner at work, this could be bad news for singletons.

By Claire Mansell - 3 Apr 2018 - 2 comments

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Increase in approved charge out rates for liquidators

Increase in approved charge out rates for liquidators

In a recent decision, the High Court has confirmed that liquidators can successfully apply for an increase in their hourly rates from rates that were approved by the Court at the commencement of the liquidation. In this instance, the original rates were in a range between $110 to $450 (plus GST). The Court approved future rates that could be between $140 and $550 (plus GST).

By Tony Johnson - 22 Mar 2018

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Are you entitled to GST on your court costs and disbursements?

Are you entitled to GST on your court costs and disbursements?

In most cases in litigation, the losing party contributes to the winning party's costs. The Court awards those costs based on a 'scale' (scale costs). In theory, scale costs are meant to reflect a reasonable contribution to the actual costs incurred, which is approximately two-thirds of a party's costs.

By Pierce Bedogni - 15 Mar 2018

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Do I need a lawyer if I am separating from my partner?

Do I need a lawyer if I am separating from my partner?

Not every separation requires a lawyer, especially if you and your partner are amicable and can resolve things between yourselves. However, if there are disagreements, a lawyer can help with practical solutions. We can tell you the steps and timeframes required during the process and let you know likely outcomes based on previous case law.

By Surendra Bennett - 15 Jan 2018

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Government's proposed ban on foreign buyers of residential dwellings

Government's proposed ban on foreign buyers of residential dwellings

The government is to introduce a ban on foreign buyers from buying existing dwellings. What could this mean for developers?

By Steven Lee - 14 Dec 2017

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Contract and Commercial Law Act 2017

Contract and Commercial Law Act 2017

With the new Contract and Commercial Law Act 2017 coming into force on 1 September now is the perfect time to review your business contracts.

By Tom Swindells - 18 Sep 2017

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Discretionary beneficiaries have rights too!

Discretionary beneficiaries have rights too!

While the 'parent settlors' of a family trust are alive and have their mental capacity, the issue of monitoring what the trust is doing is not an issue. But once the parents die or lose capacity and the administration of the trust transfers to the 'professional trustees', it often becomes the task of the children to ensure that the trustees act reasonably, competently and are held to account for their decisions. But how?

By Andrew Steele - 8 Sep 2017

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What do you mean I'm not the trustee of mum and dad's trust?

What do you mean I'm not the trustee of mum and dad's trust?

There are several hundred thousand family trusts in New Zealand. These often hold the financial 'nest egg' of aging settlors concerned ultimately to protect their assets during their lifetime and ultimately to benefit their children. While the 'parent settlors' are fit and healthy, the terms of trust usually ensure the trust assets are under their supervision and are often the trustees. The 'independent trustee', where present, is often relegated to a relatively benign role of simply reviewing and approving their co-trustees preferred course of action with regards to investment and distributions. From the settlor's children's perspective that's fine - after all - they often don't understand the distinction between assets that have been transferred into a trust and the parent's personal property.

By Andrew Steele and Timothy Orr - 30 Aug 2017

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Do you have the authority to execute a mortgage?

Do you have the authority to execute a mortgage?

It is not uncommon for credit application forms to include a clause that charges in favour of the creditor all property held by the debtor. This is typically accompanied with a clause whereby the debtor appoints the creditor as its attorney for the purposes of executing a mortgage over the charged property (if the debtor does not do so).

By Tony Johnson Kay Keam and Alden Ho - 25 Aug 2017

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