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 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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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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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 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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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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Generally speaking, a company is a separate legal entity in its
own right and its shareholders will not generally be liable for the
company's obligations. However, there are exceptions to this rule,
as illustrated in the recent case Lewis Holdings Ltd v Steel
& Tube Holdings Ltd.
By Claire Mansell - 29 Jan 2015
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As the building industry rides the wave of buoyant construction,
new regulations coming into force on 1 January 2015 introduce more
consumer protection and compliance requirements for
tradespeople.
By Andrew Steele - 23 Dec 2014
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A Court in Argentina has granted Habeas Corpus to an Orang-utan
named Sandra. Habeas Corpus (which means "you have the
body") is an ancient remedy which requires a detained person
to be brought before the court at a specific date and time. It is
usually used as a means of liberating someone from unlawful
detention.
By Claire Mansell - 22 Dec 2014
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Christmas work parties are now in full swing. Many
commentators are reminding employers that they could face liability
if employees are hurt, or hurt others, when under the influence of
alcohol supplied at work functions. Drink driving is a
particular concern, especially with lowered breath and blood
alcohol limits.
By Andrew Steele - 12 Dec 2014
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