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Limiting Flow-on Effects of Contractor Insolvency

Written by Helen Macfarlane on November 11th, 2009.

You are the subcontractor and supplier of tiles to the cladding contractor on a major commercial construction project. Midway through the project, one of your payment claims is not paid. Some weeks later, you learn that the cladding contractor has had a receiver appointed. You have unpaid payment claims outstanding and have delivered tiles to the cladding contractor which are yet to be installed. What can you do?

Enduring Powers of Attorney – Update on changes in the law

Written by Mary Joy Simpson on November 11th, 2009.

Everybody knows that it is important to have a will in place. Likewise, appointing someone to act on your behalf if you lose mental capacity is very important. As part of an estate planning "health check", Hesketh Henry has always recommended that clients have in place enduring powers of attorney (“EPA”) appointing people – whether friends or family members - to act on their behalf in relation to property and in relation to personal care and welfare matters should they lose mental capacity

Investor Losses: A Fruitful Ground for Class Actions?

Written by Helen Macfarlane on November 11th, 2009.

Helen Macfarlane compares the US and NZ situations for class actions and highlights some of the issues with this contentious area of legal practice. Helen worked on substantial litigations for many years in a large New York practice 

An update on ACC: Changes to the Accident Compensation Legislation

Written by Christina Bryant on November 11th, 2008.

Changes to the Accident Compensation legislation came into effect on 1 July 2005 . The changes abolish the concept of medical misadventure, which restricted cover under the Accident Compensation scheme to injuries resulting from medical error (negligence) and medical mishap (severe adverse consequences of treatment occurring in less than 1% of cases). The need to establish medical error was an anomaly in a "no fault" compensation system, which has now been

Innovation the key to improved services

Written by Christina Bryant on November 11th, 2008.

One of Auckland’s oldest law firms, Hesketh Henry, has embraced technology to increase productivity and lower their costs to clients.
During a due diligence or discovery process, a great deal of time and money is spent by lawyers collating, reviewing and providing access to documents.
Hesketh Henry partner, Christina Bryant, says the use of electronic discovery and data rooms can greatly reduce these costs, as well as relieve pressure on the courts.
“This technology revolutionises the way law firms prepare cases and store client documentation, The benefits to our clients are enormous,” explained Ms Bryant

Better understanding leads to more effective law

Written by Erich Bachmann on November 11th, 2008.

Lawyers need to have a greater understanding of a client’s business if they are to continue to play a key advisory role in their affairs. “Knowing the law isn’t enough any more,” says Hesketh Henry Managing Partner, Erich Bachmann.

Selling a House You've Built or Renovated? What You Need to Know, Before You Sell

Written by Joanne Chilvers on November 11th, 2007.

In this article, Joanne Chilvers, solicitor, and Monica Rodgers, legal executive, with the Auckland Lawlink firm of Hesketh Henry, bring to our attention what a seller needs to know before selling their property.

Construction Contracts Act 2002 – Important Lessons Still Not Learnt Three Years On

Written by Joanne Chilvers on November 11th, 2006.

The Construction Contracts Act 2002 ushered in a new approach to construction contracts and changed the balance of power between principal and contractors. The purpose of the Act is:
  • to facilitate regular and timely payments between the parties to a construction contract; and
  • to provide for the speedy resolution of disputes arising under a construction contract; and
  • to provide remedies for the recovery of payments under a construction contract.

Succeed In Business Succession

Written by John Kirkwood on November 11th, 2006.

Business succession for small to medium enterprise businesses ("SME's") has become a hot topic. Many SME business owners consider the sale of their business to be their retirement "nest egg". With the first of the post-war "baby boomers" now approaching 60 and many SME business owners now approaching retirement, some SME business owners are turning their minds to developing a business exit strategy. However, statistics compiled by Hayes Knight, Chartered Accountants and others suggest that a significant proportion of the SME sector is yet to actively engage in the succession process.
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