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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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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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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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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Section 21 agreements, often referred to as "pre-nups" are now
common place. They are an important tool in an estate planning
lawyer's tool kit and are not just for the paranoid, rich and
famous, as perhaps once thought. Having an agreement in place can
bring certainty around issues of property sharing and division. It
can allow couples to get on with the more romantic aspects of their
relationship, without worrying about property entitlements.
By Tara Grant - 10 Oct 2014
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In the six months that have passed since the Marriage
(Definition of Marriage) Amendment Act 2013 (Act)
came into force, New Zealand has proudly hosted approximately 361
same-sex marriages. The excitement and hype that followed the
Parliamentary announcement last April has been slow to wane, and
rightly so; the passing of the Act remains a significant step
towards the equalising of LGBTI rights both in New Zealand and
globally.
By - 21 Feb 2014
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Leases, terms of trade and employment agreements - getting the
nuts and bolts of operating procedures right at the start is
essential for success. Have you covered all the necessary legal
areas? Are you satisfied that everything is in order and you are
prepared?
By Warren Bygrave - 29 Nov 2013
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One of the key factors in starting a business is
finance. The question to ask yourself is: do I have enough to
get me started and see me through the hard times? You cannot
assume that clients/customers will appear immediately. It
often takes longer than you think. There are enough risks in
business without increasing them by not considering all
possibilities.
By Warren Bygrave - 22 Nov 2013 - 1 comment
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One of the factors discussed in last week's blog was the thought
that must be given to what structure is best suited to your new or
startup business. Today's blog is about one of the options -
operating a company. For a number of reasons, many people
choose to run their business through a company. It is easy to
set up and relatively simple to administer but it does bring with
it some formality and a need to understand the obligations and
duties involved.
By Warren Bygrave - 15 Nov 2013
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One of the most important decisions when making a Will is who to
appoint as executor. An executor's job can be very demanding
with very little or no reward. Executors can also be held
personally liable if an estate is not administered in the correct
way, so you must be sure you select the right person for the
job.
By Rebecca Collins - 16 Oct 2013
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