alisha, Author at Harkness Henry Lawyers

But I paid for it! The overlooked risk of paying for a home on land you do not own.

28 August 2017

Are you looking for a home and thinking about paying for a house on land owned by a friend or family? This article provides a brief summary of the important legal issues you need to consider if you are planning such an arrangement.

Be Careful When Transferring Contracts

28 August 2017

A number of circumstance may give rise to you wanting to transfer a contract. For instance, you may have sold your business and you want to transfer your customer contracts or purchase contracts to the purchaser of the business.

Is Expert Determination a suitable alternative to litigation for you?

16 June 2017

Parties to a dispute always focus on what needs to be decided. The parties should also focus on how the decision should be made. This article reviews the way in which the parties should go about considering whether Expert Determination is an appropriate form of dispute resolution for them.

Solicitor’s Approval Clauses in Real Estate Agreements – An Easy Out?

26 April 2017

Is a solicitor's approval condition an easy way to cancel an agreement for the sale and purchase of real estate, if the purchaser changes his or her mind?

Mediation – What it is and how it fits alongside traditional litigation

10 April 2017

A commonly held view is that litigation through the Courts is a lengthy and costly exercise, which can certainly be the case. This article reviews the mediation process, and its ability to resolve disputes either in conjunction with or as an alternative to Court litigation.

Becoming a trustee of a charitable trust

2 March 2017

Acting as a trustee of a charitable trust can be a privilege but it always carries with it a range of legal obligations. If you are asked to become a trustee of a charity, it is important that you understand your legal obligations before you accept your appointment. This article provides a general overview of those obligations.

You have been disqualified from holding a driver’s licence – What can you do?

5 December 2016

If you have been disqualified or suspended from driving, you may be eligible to apply for a Limited Licence, or what is commonly known as a "work licence". A Limited Licence allows you to drive for a limited purpose such as driving to and from work, during limited times and days. A court may award a Limited Licence if it is satisfied that not granting it would cause you extreme hardship or cause another person undue hardship.

Ts & Cs – Have You Done Enough?

4 November 2016

Have you sufficiently brought your terms and conditions of trade to the attention of your customers and contractors to ensure they will take effect should something go wrong? For one New Zealand company recently, the answer was unfortunately "no".

Health and Safety obligations for Clubs, Societies and Charitable Trusts

3 October 2016

Employers have significant obligations to protect the health and safety of their employees and others affected by their activities. But what are the health and safety obligations of not-for-profit organisations like sports clubs and charities? This article summarises the legal obligations of not-for-profit organisations.

Terms of trade and default interest

14 September 2016

Most businesses that have a standard set of terms and conditions of sale will also include a clause providing for interest in the event of non-payment. Often such clauses will provide for interest at a rate that is tied to the 90-day bill rate or the official cash rate.