We publish a wide range of useful information on a regular basis.
The Holidays Act 2003 sets out that employers must take into account ‘gross earnings’ when calculating payments for holidays. Gross earnings are defined as “all payments that the employer is required to pay to the employee under the employee’s employment agreement”. The legislation ...
There are inherent dangers in allowing the practicalities to get ahead of the legal position. This can be particularly so in relation to business transactions.It has recently been reported that a Australian Federal lawsuit has been filed against the smash repair ...
What is a constructive trust? Constructive Trusts are distinct from any other form of trust in that they are not directly dependant on the intention of the parties. Express and Implied trusts arise from the actual or inferred intention of the parties, while resulting trusts ...
In November 2021 the End of Life Choice Act 2019 (the Act) came into effect. This has been one of the most significant health issues that have been enacted in New Zealand in recent decades. Since the legislation has come into ...
In a recent case, the High Court considered whether the status of separate property which had been intermingled with relationship property remained separate and if so to what extent. Relationship and separate property are defined under section 8 and 9 of the ...
The Trusts Act 2019 (the “Act”) came into force on 30 January 2021, implementing some significant changes to Trust law. The Act details various mandatory duties to which all Trustees are now subject. These include the duty to know the terms of the ...
From 1 April 2022, Inland Revenue require Trusts to provide more information on their annual returns for the 2022 tax year onwards.If your Trust is active, you have to file an IR6 return.If your Trust is a non-active Trust you have to file an ...
Definitions: To believe that someone is good and honest and will not harm you, or that something is safe and reliable. A legal arrangement in which a person or organisation controls property or money for another person or organisation. The word “trust” is often ...
The distinction between a person being engaged as an independent contractor and an employee regularly arises in the Employment Court and the Employment Relations Authority. In particular, there can be significant advantages in being regarded as an employee. For example, an employee has ...
The Trusts Act 2019 provides a process to bar a claim by any person provided that the trustee must have served on that person a notice “stating that if a legal proceeding is not, within 90 days after the service of the ...
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