When a person dies without a Will, administration of the estate is more complicated than if the person had left one. Dying without a Will is called “dying intestate”. Due to the complex nature of dealing with an intestate estate, additional information is required throughout the process, which can cause significant delays in administering the estate. In many cases this will delay the distribution of the estate.

Tidal Energy Limited v Bank of Scotland [2014] EWCA CIV 1107 is a recent decision of the English Court of Appeal which considered the role of banking practice when payments are executed through the CHAPS system. This article assesses the Court of Appeal’s decision, and provides a warning for lawyers and clients alike.

Can I make a claim? Can I stop someone else from making a claim against me? The answer could be to do with limitation. However, figuring out which limitation period applies to a particular matter is not necessarily straightforward. This article sheds some light on the limitation periods that apply to contract claims and negligence claims, including claims around defective building work.

Despite increasing enquiries from clients as to whether trusts still work, the short answer is “yes”.  But what are the reasons to keep one?  Whatever the reason, it may no longer be relevant due to changes in the law, as well as your individual circumstances.

This article considers non-party discovery in light of the Vector Gas decision.

This article discusses four key pillars of building your business from an employment perspective.

This article discusses the different aspects of claimant definition in a Treaty settlement context, including what a Large Natural Grouping is, how hapū sit within this and the role of a Wai claimant.

This article discusses a recent case which highlights some issues arising from unit title ownership.

The Family Protection Act 1955 provides the Court with discretion, upon application of an eligible person under the Act, to make an order for “adequate provision” for “proper maintenance and support” to those to whom the deceased owed a moral duty. Courts in more recent times have tended to take a more conservative approach. The central consideration is whether the provision made for the eligible person is adequate, and if not, what is the minimum to remedy the failure?

The Waitangi Tribunal has discretion to give priority to certain claims and in exceptional circumstances the Tribunal will adjust its priorities and reallocate its resources to determine applications for an urgent inquiry.

The new financial reporting standards are now in place (as at 1 April 2015) for registered charities. Part one of the series summarised the different tiers of the reporting standards, and how to move between tiers. Part two of the series outlined the non-financial information which is required to be included in the reports. This final part summarises the rules for related entities and provides guidance as to when consolidated accounts are required.

An unfortunate fact of life is that people occasionally end up in dispute with one another. Sometimes these can be big, and other times it can be over small amounts or issues. When the latter happens, it is not always economical to engage a lawyer to help resolve the issues and often people are left feeling like there is no remedy. The Disputes Tribunal is aimed at providing access to justice and assisting people in these situations.

The two year transition period prescribed by the Financial Markets Conduct Act 2013 (FMCA) is in full effect with the move away from the old Securities Act 1978 and other relevant legislation, commencing with the introduction of Phase 1 of the FMCA in April 2014. The Financial Markets Authority (FMA) has recently provided advice on the supervision and associated governance responsibilities that form a key part of the FMCA. This article discusses the practical approach that the FMA has recommended be adopted by those responsible for supervisory and governance functions under the FMCA.

From 17 March 2015, the Court, on application by the Commerce Commission, is able to declare terms in some consumer contracts to be unfair. For a term to be found to be ‘unfair’, the Court must be satisfied that the term causes significant imbalance to a party’s rights or obligations, the term is not necessary and will cause detriment (whether financial or otherwise) to a party if it were applied, enforced or relied on. While the Court has the discretion to take into account any matters it thinks relevant, it must take into account the transparency of the term and the contract as a whole.

2014 saw a number of significant changes in New Zealand consumer law. In June, the majority of the provisions of the Fair Trading Amendment came into effect. This article summarises these newly introduced provisions.