Free tips and information to help you thrive in New Zealand’s legal environment
Introduction to family trusts
Imagine if you want a friend to look after your young children if anything were to happen to you. In order to do so, you transfer the legal title of your assets to your friend. Therefore, your friend is now the legal owner of all of the assets. But what is stopping him from breaking his promise and doing what he wants with the assets that are now legally under his name?
I’ve got a Court order for another party to pay me, now what?
So you’ve managed to win your case, and the other party has been ordered by the High Court to pay you $500,000, but now what? If you do not enforce your Court order, then the other party is still unlikely to pay you. There are several ways to force the other party to...
Do I need to get a divorce to divide relationship property?
When people contact me and tell me they want to get a divorce, the first thing I ask them is what is the objective they want to achieve. The reason for this question is that formally dissolving your marriage might not be what you need to do at this moment.
Why use a law firm to collect debt?
Many small business owners use debt collection agencies to recover debt from their customers. However, savvy debtors know that if they simply inform the debt collection agency that they are not paying because of a contractual dispute, then there is very little the agency can do.
What is personal bankruptcy?
Personal bankruptcy is a method of clearing your debt if you cannot pay the money you owe. If you do not have any assets under your name, creditors can no longer pursue you for any of your existing debts.
Webinar: Do neighbours have the right to stop nearly completed developments?
Making headlines recently was the stopping of a development of 13 new homes in Remuera just weeks from completion, after a successful challenge against the resource consent approval from neighbours. How did this happen and how could the project get so far along before being stopped?
The risks of buying “off the plan” properties
Buying properties “off the plans” have become increasingly popular over the years. When you buy a property “off the plans,” this means you purchase the property before it is completed. Purchasers usually have to wait at least 1 year before construction is completed. Although there are some perceived benefits to buying “off the plan,” such as paying a lower purchase price and living in a brand new home, there are also many risks.
How to apply for a Court order to prevent certain actions?
Do you want to urgently stop someone from doing something that is detrimental to your legal rights? If so, then you need to apply for an interim injunction at a New Zealand Court. An interim injunction is a temporary order made by the Court to restrain a person from doing something.
How to lodge a caveat over a property
If a defendant owns land, there is a risk that the defendant can sell their land and dissipate the sale proceeds before the final Court trial can take place.
In order to prevent this from happening, the plaintiff can lodge a “caveat” over the title of the defendant’s land.