Articles

Cairns Slane hold a wide range of articles for your reference

Important points on gifting

Much has been written following the abolition of gift duty last year. There is no doubt that the removal of gift duty will simplify estate planning and can put an end to the yearly gifts to trusts which clients found so tedious. There are some important...

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Professional Trustees - an endangered species?

The New Zealand Institute of Chartered Accountants (NZICA) has recently warned professional advisors away from acting as trustees. The reason for this warning is that the NZICA is aware of a number of cases where the Inland Revenue is seeking to recover substantial tax debts...

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Do's and Dont's your staff do

Employers and employees alike should exercise a small measure of caution at work functions. Employees: Be sure not to cause "embarrassment" to your employer! Unruly, offensive behaviour at a work function attended by people outside your organisation could lead to your justified dismissal if your actions...

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Consigned goods under the Personal Property Securities Act (PPSA)

It is generally well known that since the Personal Property Securities Act (PPSA) came into force, retention of title clauses are no longer of themselves sufficient to protect suppliers, and registration under the PPSA is required to perfect...

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The art of positive cashflow

Positive cashflow is integral to any business. It can mean the success or failure of your business and may hinge on whether your debtors pay you. There is no one solution for maintaining a positive cashflow but there are a number of essential checks you can implement to keep your business in the black...

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Give credit only when it is due!

This is a message to our trader, retailer and supplier clients. Start thinking more like a bank when giving credit to your customers. Many suppliers give large amounts of credit to customers...

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Unit Titles Act 2010

The Unit Titles Act 2010 covers how unit title developments are created and managed and, importantly, the rights of unit owners and how they can exercise those rights.

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Asset Insurance

We are all tired of hearing of finance company and other business collapses. To rub salt into an investor's wound – what often emerges from these cases is the news that the directors are not personally financially affected to any large degree. There are reasons for this. These people have taken the time and trouble to consult lawyers...

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Enduring Powers of Attorney

New rules now apply to the granting, execution and witnessing of enduring powers of attorney. Essentially the legislation changes have been designed to increase the protection of donors.

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Relationships aren't easy

.. and they certainly don't get any easier when you have to talk about money. Claire was just such a person and didn't want to risk putting a "dampener" on her new relationship by discussing with her partner what would happen if they separated or one of them died. Claire owned...

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When parents go into care

Joan lives with her parents providing them companionship and care in their old age. Over the years Joan has made financial contributions to the property and has paid for alterations to the house. Mum dies and Dad requires rest home care as Joan can no longer care for him on her own...

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case report - Sunset Terraces and Byron Avenue cases

The Supreme Court decision in North Shore City Council v Body Corporate 188529 (Sunset Terraces) and Body Corporate 189855 (Byron Avenue) issued in December 2010 confirmed that the Council did owe a duty of care for leaking building...

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Forming a company creates a raft of responsibilities and potential penalties

The annual return is an update of the registered office, directors' names and addresses, shareholders, the date of the last annual meeting, and whether or not shareholders unanimously agreed not to have accounts audited...

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Personal Property Securities Act

The Personal Property Securities Act 1999 has been in effect now since 2002, and provided a system for security holders to register a financing statement on the Personal Property Securities Register (PPSR) to retain their security priority...

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Property Pitfalls

Some trusting clients have accepted real estate agents' assurances that they don't need their lawyer to check their property agreement before signing because the agreement may have a "requisition" clause – however this is not as water tight as you might think. There are a couple of myths that should be dispelled ...

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Is it time to revise your Will?

It is difficult to know when to revise your Will. Remember that when you make a Will, it is expressing your wishes at a specific point in time. As your circumstances change, the Will may no longer reflect your wishes...

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Leaky buildings

Leaky buildings are constantly in the news yet are still being bought and sold. "Buyer beware" is the catch-phrase here! We are aware of numerous leaky apartment buildings and a quick call to any of our property team would be a good place...

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Nothing succeeds like succession planning

Like insurance and a will, succession is not something you put in place at the point in time when you 'need' it - succession is something a good business has in place all along. Establishing a sound business succession plan is beneficial for most business owners. For business owners that are at or near retirement, the issue of succession cannot be ignored.

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Should I Have a Shareholders Agreement?

When you go into business with other people, have you contemplated what might happen in hard times as well as the good times? Any time more than one person is involved in running a company, the possibility for a dispute arises...

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What Have My Parents Got to Do with My Will?

Let’s assume for a moment that you have the perfect estate plan in place ... Your Will creates testamentary trusts for your spouse, children and grandchildren for maximum tax effectiveness and asset protection.

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The Property Law Act 2008

On 1 January 2008, the Property Law Act 2007 came into effect. It replaced the 1952 Act, as well as amending other legislation, and has been described as the largest single change to property law in the past 55 years.

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Employment Relations Act: Key Amendments

Amendments to the Employment Relations Act were passed and came into effect on 1 April 2011. Two of the significant changes are discussed below.

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What you can do for the Zoo

Leaving a bequest to the Zoo Trust helps to ensure wildlife survival for future generations. The Auckland Zoological Park Trust Board was established in 1992...

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