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Clayton v Clayton and Trusts

Clayton v Clayton and Trusts

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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Recent Building Act changes have far reaching effects for developers and investors

Recent Building Act changes have far reaching effects for developers and investors

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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Martelli McKegg announces new Associate Claire Mansell

Martelli McKegg announces new Associate Claire Mansell

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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Hosting a work party? Be aware of the risks

Hosting a work party? Be aware of the risks

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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Who says romance is dead? Section 21 Agreements ("pre-nups")

Who says romance is dead?  Section 21 Agreements (

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 Hurley - 10 Oct 2014

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Protecting your pink dollar

Protecting your pink dollar

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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Running a new business - operating issues

Running a new business - operating issues

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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Starting a business - financing considerations

Starting a business - financing considerations

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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Company structures - directors' duties

Company structures - directors' duties

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 and Claire Barron - 15 Nov 2013

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Choosing an Executor

Choosing an Executor

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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