When you are entering into a new venture the opportunities seem endless and everyone is positive about goals and working relationships. However, as we unfortunately see so often in our litigation team, things do not always go to plan. A well drafted shareholder agreement can be worth its weight in gold when working relationships sour.

We often have enquiries from clients or prospective clients relating to disputes within an incorporated society that they are affiliated with (e.g. as members or serving on society committees). People often ask us what they can do to resolve these disputes and how they can make claims when the society leaders are not acting in the best interests of the society. This article sets out the different options available when there are disputes within an incorporated society and highlights some deficiencies in our current law.

Recently the media has given some attention to circumstances where an owner of property has (or would have but for a settlement reached) been able to modify a land covenant using the provisions of s317(1) of the Property Law Act 2007 (PLA). In most instances, if you have a land covenant registered against the title to your property, it is there forever and cannot be modified or extinguished. This article looks at recent cases attempting to modify land covenants.