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Your will is your way?

Written by Mary Joy Simpson and Alice Eager on August 23rd, 2017.

Preparing a will means that a person can be reassured that on their death, their assets will be distributed according to their wishes. You should draft your will as you think is appropriate for your family. However, as a will maker, you must be mindful of your legislative duty to make adequate provision for all members of your family.
 

Have I got a deal for you .......

Written by Julika Wahlmann-Smith on August 7th, 2017.

Sales promotions are an important tool in marketing. Consumers are often attracted to a 'good deal' or a 'bargain'. Terms such as '50% off' or 'last days of summer sale' grab consumers' attention and as it turns out, not only consumers.

 

The importance of ensuring your will is up-to-date

Written by Ala Sonti on July 21st, 2017.

Regularly reviewing your will is just as important as making one in the first place.  Your will is a living document, which should be updated to reflect changes in your life.  Written by Ala Sonti
 

Holidays Act: Help has arrived!

Written by Jim Roberts & Jodi Sharman on July 3rd, 2017.

We all know that payroll compliance can be a nightmare. Automated systems don’t necessarily fit individual situations, employee work patterns don’t always fit the mould, and this is overlaid with a very technical area of the law. And to make matters worse; maths!
Topics: Employment Law
 

Construction Law Update

Written by Nick Gillies on May 22nd, 2017.

This note summaries recent construction law decisions and developments in New Zealand.
 

Trial Period Notice – What Notice?

Written by Alison Maelzer on May 12th, 2017.

Just when we thought that the law around trial periods was settling down and we knew where we all stood, the ground has shifted again. The latest wrinkle is, once again, around the concept of giving notice of a trial period termination.
 

Insurance Case Law Update April 2017

Written by Nick Gillies, Christina Bryant, Stephanie Corban, Sarah Holderness, Hannah Yiu, Michael O'Brien, Nina Thomson, Mary Battersby, Anna Parker, Richard Belcher and Rob McStay on April 18th, 2017.

This update provides a summary of judgments released over the past six months.  A more extensive discussion of particular judgments is linked to case names highlighted in the summary table. For further information on issues raised in this update, please contact the Hesketh Henry insurance law team.

Topics: Insurance Law
 

Is an Inheritance Trust Worthwhile?

Written by Mary Joy Simpson on March 21st, 2017.

We are often asked by parents how they can protect the inheritance they will provide for their children – keeping it safe from relationship property and creditor claims. Written by Mary Joy Simpson.

 

Criminal Law and Employment Law - when worlds collide

Written by Jim Roberts on February 16th, 2017.

The Sunday Star Times led with a front page article "Bayleys agent Tonya Spicer was sacked after police 'leaked' unlawful information to her employer”. The headline article continues with surprise that Ms Spicer, having been found not guilty of supplying methamphetamine could then be sacked by her employer.
Topics: Employment Law
 

You're fired! Summary Dismissal - Do I still need a process?

Written by Nina Thomson and Jim Roberts on February 8th, 2017.

Most employers won’t relish the idea of having to fire someone. However, sometimes an employee’s actions (or inactions) may be so serious that the decision to terminate the employee’s employment might not appear to be a difficult one.
Topics: Employment Law
 

A contractual duty of good faith: Young v Tower Insurance Ltd [2016] NZHC 2956

Written by Christina Bryant and Richard Belcher on December 23rd, 2016.

A High Court judge has held that a mutual duty of good faith is implied in every insurance contract.  Damages may be awarded for breach of that duty.
 
Topics: Insurance Law
 

Wait, so Christmas Day follows Boxing Day this year?!

Written by Alison Maelzer & Jim Roberts on December 20th, 2016.

Transferring public holidays is always a fun aspect of the holiday payroll, and 2016 is no exception.
Topics: Employment Law
 

A Historic Section Revived

Written by Mary Joy Simpson and Alice Eager on November 24th, 2016.

The Supreme Court decision of Clayton v Clayton has given new insight into the operation of section 182, Family Proceedings Act 1980. 
 
Topics: Family Law
 

Hesketh Henry Recognised in Legal 500 Asia Pacific 2017 Legal Directory

Written by Tamar Hart on November 18th, 2016.

 Hesketh Henry has received the following recommendations and commentary in the high profile Legal 500 Asia Pacific 2017 directory.
 

FORM COUNTS UNDER THE CONSTRUCTION CONTRACTS ACT - Auckland Electrical Solutions Ltd v The Warrington Group Ltd [2016] NZHC 2245

Written by Nick Gillies and Richard Belcher on November 11th, 2016.

This case highlights the importance of form when issuing a payment claim and the effect of an inadequately formed payment claim on a summary judgement application for outstanding sums.
 
From July 2014 to August 2015, The Warrington Group Limited (Warrington) engaged Auckland Electrical Solutions Ltd (AES) to carry out electrical work for a construction project.  AES sent invoices totalling $83,599.57.  Payment by Warrington and credit notes in favour of Warrington left $8,659.83 outstanding.  AES claimed the invoices were payment claims and sought summary judgement in the District Court under the Construction Contacts Act 2002 (the Act) for the outstanding amount and associated costs.
 
 
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