Legal Capacity
When you make or revoke a legal document, for example a will or enduring power of attorney, you have to be mentally capable at the time of signing, otherwise the document will not be valid.
Is Expert Determination a suitable alternative to litigation for you?
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?
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
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.
Reverse Mortgages – A finance option for seniors
Sometimes elderly people who are living happily in their own homes find themselves in a situation where they need a cash injection from an outside source to be able to finance things such as maintenance on the home, replace a motor vehicle, or pay for elective surgery, for example, because they do not have cash available in savings, and they cannot get a loan advance from a regular bank, because they do not have income flow to service the loan repayments.
Becoming a trustee of a charitable trust
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.
Misconduct outside the workplace
The silly season is upon us! With this comes work Christmas parties, social gatherings with clients/customers and of course, an increase in alcohol consumption. While most employees will conduct themselves responsibly, there are a select few that will fail miserably. The question many employers face is: what happens when an employee acts up outside of the workplace?
You have been disqualified from holding a driver’s licence – What can you do?
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?
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
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.