Lessons to be learned
Even though we are now out of an economic downturn, it is still useful to look at what lessons learned during the downturn could give better protection for business owners including how key assets are owned.
Indemnities to Employees
Employment Agreements sometimes contain indemnities from the employer for liabilities the employee incurs in the course performing his or her duties as employee. Such an indemnity can also be implied by law, if the employment agreement does not contain an explicit indemnity. However there are some issues that can affect the enforceability of these.
Section 271 Companies Act 1993
The High Court decision of Lewis Holdings Ltd v Steel & Tube Holdings Ltd [2014] NZHC 3311 has highlighted the importance of maintaining a subsidiary’s independence from its parent company.
What is a caveat?
This article explains what a caveat is. It gives examples of when you may want to lodge a caveat and explains how a caveat is removed.
Practical privilege
The New Zealand legal system is a common law system, based on the English system of justice. As a result, New Zealand, like England, Australia, Canada and the USA, adopts an adversarial court process. What this means is that the Courts are reliant on the parties to produce evidence and argue in favour of a particular version of events. Based on this evidence and argument from counsel, the Court will make a decision as to which party is right and which is wrong.
Becoming an independent trustee of a family trust
It is an honour to be asked to be an independent trustee for a friend or family member. However this honour comes with significant risks. This article discusses those risks and how to minimise them.
Property law – useful terms
This article provides an explanation of some of the commonly used terms in property law.
Marshalling and equitable mortgages
A High Court decision has highlighted the benefits of including an equitable mortgage in a supplier’s terms of trade.
Issues to Consider when Starting a New Business
Starting a new business can be an exciting time, and one in which, during the excitement, considerations of legal and structural issues are often overlooked. This often leads to costly and time-consuming problems. To help you minimise the risk of unintended or unforeseen consequences in the future, this article sets out some of the issues you should consider before starting a new business.
Buying a Unit Title property
Unit title developments are an increasingly common form of property ownership in New Zealand. If you are considering purchasing a unit title property, it is important that you understand how unit titles operate. This article outlines some of the important issues you will need to consider.