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Legal articles written by Cavell Leitch lawyers.

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Thought Leadership

Supreme Court puts foot down

The Supreme Court has released a short and sharp decision which acknowledges that Judges can make mistakes, but mistakes won’t always afford a further right of appeal.

In Myall v Tower Insurance Ltd [2018] NZSC 35 the Court was required to exercise its gatekeeping powers in considering whether to ...

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Trusts, Gifting & Residential Care Subsidies

A common feature of asset plans is for people to set up a Family Trust with the intention of divesting themselves of assets, thereby improving their chances of being eligible for a Residential Care Subsidy (RCS).

The individual (“Settlor”) or couple (“Settlors”) sell the family home to the trustees at ...

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Pay your employees, or pay the price

Last week the Employment Court found retailer Smiths City Group Limited (Smiths City) has breached the Minimum Wage Act 1983 by failing to pay employees for morning meetings held before the store opens. Smiths City are required to conduct an audit to quantify the cost of non-compliance, and then make ...

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Shared Equity Schemes - how do they work?

With the increasing unaffordability of housing in our main centres, many local authorities, Housing Trusts, and even public companies like Fletchers are looking at shared equity schemes as a way of bridging the gap between the market value (say $600,000) and what first time buyers can afford to pay ...

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Directors Duties - comply or perish!

Given the current economic uncertainties, it is timely to consider the duties of company directors. The penalties for breaches can be harsh, and it is important to be aware of your responsibilities to the company, its shareholders, and third parties.

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Early access – beware the risks

When buying or selling houses, everyone wants to ideally get along during an often stressful ordeal. Vendors commonly agree to let a purchaser into a property before settlement to store items or complete repairs. But as well-intentioned as these arrangements are, there are some real risks you should protect yourself ...

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Speak up or lose out – when to notify your insurer

Obtaining an insurance policy and paying the premiums is only the first step to ensuring that your business has insurance cover when it needs it. An often overlooked or at least underestimated aspect is that the typical liability insurance policy has specific requirements about notifying your insurer of a potential ...

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Time limits on earthquake claims looming

2016 saw the six-year anniversary of the 4 September earthquake and many insurers granted further time to property owners to bring claims. A number of those deadlines are looming again over the coming months, and this may impact on property owners and their ability to pursue their insurance claims.

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