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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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Former employee has her cake and eats it too

Former employee has her cake and eats it too

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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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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Breaking News: Good news for contractors but bad news for liquidators

Breaking News: Good news for contractors but bad news for liquidators

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 morning after the night before

The morning after the night before

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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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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Lifting the corporate veil – a cautionary tale for directors of parent companies

Lifting the corporate veil – a cautionary tale for directors of parent companies

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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Summer building project? Don't get caught out by new building regulations

Summer building project? Don't get caught out by new building regulations

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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Planet of the "non-human persons" - Sandra the orangutan finally tastes freedom

Planet of the

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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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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