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Trusts following death or divorce

Trusts following death or divorce

In Clayton v Clayton, the Supreme Court quashed any residual belief that a discretionary family trust set up by one spouse during a marriage will, in the event of the marriage dissolving, protect 'their' property from a claim by the other spouse.

By Andrew Steele - 1 Mar 2019

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Married at first sight - what will that cost?

Married at first sight - what will that cost?

Everyone loves a good romance story but what does it mean when the relationship ends as quickly as it started? A marriage which ends before its third anniversary is referred to as a marriage of short duration. In New Zealand there are special rules around division of assets for these short relationships.

By Surendra Bennett - 21 Feb 2019

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When can you have more than one welfare guardian?

When can you have more than one welfare guardian?

The Protection of Personal and Property Rights Act 1988 allows the Court to appoint a "welfare guardian" for a person who has lost the capacity to make decisions for themselves in relation to their personal care and welfare. Generally, only one person may be appointed as a welfare guardian. The commonly known exception to this was where there are "exceptional circumstances" which satisfy the Court that it would be in the interests of that person to do so. However, on 14 November 2018, this test changed.

By Tony Johnson - 17 Feb 2019

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The dangers of pre-employment trials

The dangers of pre-employment trials

Pre-employment trials can be a useful way to determine whether an employee is suitable for the job. Often, candidates can look good on paper or in an interview, but terrible when they actually 'go on the floor'. This is especially true in the hospitality industry. However, pre-employment trials are fraught with difficulty, as the employers in Mawhinney v SFIZIO Limited discovered.

By Claire Mansell - 11 Feb 2019

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Down-payments and deposits: what happens if they don't deliver?

Down-payments and deposits: what happens if they don't deliver?

Payments in advance (down-payments or deposits) are common in the construction industry. When you place a custom order or hire a builder to commence work on your property, the initial credit risk to the supplier is significant - if you don't pay, they've already shelled out for raw materials and spent time which is irrecoverable. Hence, particularly with expensive designer joinery, appliances or finishes, payment in advance is the norm. But what happens if you don't get what you paid for?

By Telise Kelly - 31 Jan 2019

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The Trusts Bill - what does it mean for you as a trustee?

The Trusts Bill - what does it mean for you as a trustee?

Historically, trusts have been an extremely popular asset planning tool in New Zealand.  With no register of trusts, the exact number of trusts is unknown, however, conservative estimates are that there are between 300,000 and 500,000 trusts in New Zealand.  The changes proposed by the Trusts Bill will therefore impact the lives of many New Zealanders.

By Emma Foster - 22 Jan 2019

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Builders: Do your invoices have the Power of Payment Claims?

Builders: Do your invoices have the Power of Payment Claims?

Have you ever been put off trying to recover a debt because of the legal costs involved? The payment claims and payment schedules regime under the Construction Contracts Act (CCA) may just have the answer for you.

By Geoff Hardy - 20 Jan 2019

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Caring for elderly parents - services, promises and rewards

Caring for elderly parents - services, promises and rewards

When a family member (usually the parent) becomes elderly and/or their health or mental capacity begins to fail, it is not uncommon for one person (usually one of their children) to 'step-up' and provide the care and assistance ('services') necessary for that parent. To provide such services, some children even invite their parent into or near to their home when the parent can no longer 'live independently'.

By Andrew Steele - 13 Dec 2018

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New restrictions on availability of 90 day trial periods

New restrictions on availability of 90 day trial periods

Since 2009 all employers have been free to agree 90 day trial periods for new employees. This allowed those employers to 'try and see' a new employee and, if things did not work, they could dismiss them. The trial period clause precluded the employee from bringing a personal grievance in respect of the dismissal.

By Andrew Steele - 6 Dec 2018

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Can you be charged for drunk 'lime-ing'?

Can you be charged for drunk 'lime-ing'?

We've all seen the latest craze to hit our streets, the black and green Lime electric scooters. Whether you're for or against them zooming along our footpaths, cycle lanes and streets you may have wondered: can you be charged for riding one of these scooters while under the influence of alcohol? Perhaps especially relevant as we head into the merry season! And the answer is ...

By Fiona McGeorge - 29 Nov 2018

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