Contract Dispute
We have been helping a client chase a $242k debt, half of which is not actually in dispute, but our client’s client is basically trying to extort a settlement for a lesser sum by withholding the whole amount. We issued a creditors statutory demand about 4½ weeks ago for the undisputed portion. If the debtors […]
Granny Flat Dispute
I am helping a client who paid most of the cost of the construction of a granny flat at his daughter and son-in-law’s house, using his $50k life’s savings. He also did a lot of the cooking, cleaning, washing, folding, ironing, lawn-mowing and taxiing of children. On sale, the plan was to buy 2 unit, […]
Are you a Sole Director?
An old client contacted me the other week. His accountant has told him that one of his clients had died leaving behind multiple companies of which he was the director and no Will. The companies will now languish until one or more administrators are appointed by the Supreme Court. Even with a will, the companies […]
IT Legal Issues
I helped revise an old Software Integration Agreement and an incorporated Software Licence Agreement so that it applied to the new way in which the software was being provided: in the cloud, with the licence changing to a monthly subscription model. This is where my computer science degree comes in handy. For help with legal […]
Setting up a Charity
I have just helped set up a charitable Foundation. It is to help under-privileged kids participate in tennis, which can be a very expensive sport to get into. Last week it obtained Deductible Gift Recipient status in Category 1, the best category to be in. This means the all donations made to the Foundation are […]
3 Day Trial
I’ve been recovering from the stress of a 3 day trial , where I was the barrister. The Magistrate reserved her decision. The outcome is line-ball and could go either way. My clients are broke and this was a pro bono matter, so I do not get paid for all the work we did unless […]
Restructuring Ownership of Businesses
I had a query from an accountant seeking assurance that the transfer of a business from an individual to a company, the shares which were owned by a trust, of which the individual was the only beneficiary, on the basis that there was no change in beneficial ownership. Unfortunately, the rule is not as cut […]
Transferring a Farm
We recently had a query about a mother who wishes to transfer a farm to her daughter. There are transfer duty exemptions for transfers of farming property to relations, including trusts of which relations are beneficiaries, as long as no one other than family members are the beneficiaries. The exemption is not available if the […]
Sale of Share Agreements
We are helping some long-term clients with the exit of the main business partner via a buy out from the more junior partners. The principle documents will be a share sale agreement and a new shareholder agreement. However, we are in a tricky situation because of the potential for conflict. We need to decide who […]
Bequest of Houses
Another case was handed down involving the bequest of a house where the house had been sold prior to the testator’s death. Usually, the gift simply fails, because the testator is assumed to realise the implications, but in this case, the owner was legally incapacitated and an administrator had been appointed to manage his affairs. […]