Tag: LawTalk 925

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Characters in the law

I loved the article about the bombing of ‘Dickie’ Singer (LawTalk 924, December 2018). It brought back a few memories of characters in the law from days gone by, of which there were rather a lot. Others that spring readily to my mind – and not in any particular order – include…

Focus on ... Gisborne

The most eastern city in the islands is remote, but it’s where lawyers look after each other. Stephen Taylor arrived from the Bay of Plenty a green and enthusiastic lawyer without a friend or relative in Gisborne he could rely on to help him get up and running. Nearly two years later…

Taxing the digital behemoths

The rise of massive digitally-based multinational businesses like Google, Facebook and Airbnb has created an as-yet unsolved problem for governments worldwide: how can they be made to pay their fair share of tax? These companies and other digital giants pay little tax in the countries they do business in, mainly because…

Peter makes his next move

Widely acknowledged as the ‘go-to guy’ for companies and charities legislation, senior solicitor Peter Weir retired in December after nearly 25 years with the Companies Office. “Some people earn the label ‘indispensable’, but few deserve it quite as much as Peter,” says National Manager, Business Registries, Lawrence Wells.

Family protection claim by estranged children in multimillion dollar estate

The 2018 High Court case of Cartwright v Joseph [2018] NZHC 2383 (11 September 2018) involved a multi-million dollar estate where a family protection claim was made by children who were estranged from the deceased. The deceased had made no provision for his daughters, Cathy and Sarah, in his will…

Rectification and indefeasibility of title

The equitable remedy of rectification of documents (expressly preserved by ss 22(3)(b) of the Contract and Commercial Law Act 2017) enables a court to correct a document so that it properly reflects the intention of the original parties to that document. The document in question need not be purely contractual –…

Lessons learnt from serving on a standards committee

Nine years on a standards committee, six key learningsLesson one: ethical pitfalls are all around usWe are surrounded by potential ethical pitfalls, some more obvious than others. To successfully navigate past these pitfalls, a good starting point is developing an intimate knowledge of the Conduct and Client Care Rules 2008. Lawyers…

What is good faith in franchising? Part 2

By Deirdre Watson In Part 1 (LawTalk 924), I explored the concept of good faith in franchising, including referring to some of the more commonly expressed attempts at a definition of “good faith”. I also discussed some of the Australian law and the Australian Franchising Code of Conduct which has, since…

What's in a story?

In-house legal teams strive to add value. The in-house lawyer’s role is to manage risk with a balance of reaching the outcome that the business needs. In-house legal teams want to be involved in high-risk, high-value work. From an organisational perspective this is because the majority of legal risk lies here,…

Consensus Building, Part 5: Reaching agreement and holding the parties to it

In this final article on the Consensus Building Approach (CBA) to dispute resolution we look at the last two steps in the process: reaching agreement and implementation – holding the parties to the commitments that they have made. Too often participants are focused only on getting to an agreement so…

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