LIABILITY FOR WATER FLOWS

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LIABILITY FOR WATER FLOWS Water which flows from one property onto another may cause damage. The Water Act covers three situations where damage is caused. First, if water flows from one property to another and: – the flow is not … Read More

RETAIL LEASES

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RETAIL LEASES What legislation governs Retail Leases? The Retail Leases Act 2003 (“Act”) is the principal act. It applies to all Retail Leases entered into or renewed on or after 1st May 2003. Prior legislation may govern pre-May 2003 Retail … Read More

TERMS CONTRACTS OF SALE

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TERMS CONTRACTS OF SALE What is a terms Contract of Sale? A Terms Contract of Sale is one where the purchaser pays a deposit then pays the balance of purchase money (usually with interest) over an extended period. The title … Read More

CONTROL OF A TRUSTEE

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CONTROL OF A TRUSTEE The father had made a non-binding death benefit nomination that his benefits be shared equally between the daughter and the son. However, being a non-binding nomination the Trustees (Linda and her husband) were not bound to … Read More

SUPERANNUATION AND WILLS

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SUPERANNUATION AND WILLS The Trustees have a discretion as to who, among the dependants of the deceased member are to benefit. The Superannuation Industry (Supervision) Act (“the SIS Act”) provides in Section 59 that the rules of a fund must … Read More

TESTAMENTARY TRUSTS

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TESTAMENTARY TRUSTS This follows on from an article about superannuation and Wills. It is designed to be read in conjunction with that article where the Testator (Will maker) wants to limit the ability of beneficiaries to access the estate assets … Read More

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