Articles

Commercial Property Due Diligence Issues

Monday, February 25, 2013

Purchasers of commercial property should undertake an exhaustive review of each potential purchase before declaring an agreement unconditional. This review should be undertaken in consultation with your lawyer, accountant, property manager, building inspector, lender, and otherwise as appropriate. Read more

To Gift or Not to Gift?

Tuesday, February 19, 2013

Gift duty was abolished from 1 October 2011 and while the legislative change itself is simple, it has surprisingly complex consequences. The abolition of gift duty has made it possible for individuals to gift assets directly to a trust and it is likely this practice will supplant the former method of selling property to a trust with a gift back. Read more

Evicting a Commercial Tenant - Know Your Rights

Tuesday, February 12, 2013

The Property Law Act 2007 ("PLA") codifies – very strictly – the process and means by which a commercial tenant may be evicted for non-payment of rent or some other breach of its lease obligations. Whether you are the landlord or the tenant,it is critical you understand your rights and obligations in an eviction scenario.  Read more

Important changes to Employment Law from April 2011

Wednesday, November 16, 2011

As you may be aware from recent media reports, changes to the Employment Relations Act 2000 (ERA) and Holidays Act 2004 (HA) have now been passed into law and, for the most part, came into effect on 1 April 2011.  Read more

Employees Beware!

Wednesday, November 16, 2011

All too often an employer may claim it had fair grounds for the actions it took to dismiss or discipline an employee, but did so too quickly or used a one sided process, and in doing faces a difficultly in justifying its actions before an Employment Relations Authority.  In this article James D Turner, Partner, McVeagh Fleming lawyers, looks at the opportunity for an employer to consider bringing a counterclaim and two recent cases holding employees responsible for their conduct. Read more

The Unit Titles Act 2010 and How It Will Affect You

Tuesday, September 06, 2011

The Unit Titles Act 2010 will replace the Unit Titles Act 1972 in late 2010. The old Act has been unable to properly provide and cater for the myriad of significant multi-story unit title developments built in the last two decades, and the new Act seeks to address the shortcomings of the current regime. Read more

Purchase of Residential Property: An Outline

Tuesday, September 06, 2011

The following is an outline of all of the services we will provide to you during the course of your sale. This list is intended to let you know exactly what is required and to provide you with piece of mind that the service we are providing is of the highest standard: Read more

Sale of Residential Property: An Outline

Tuesday, September 06, 2011

The following is an outline of all of the services we will provide to you during the course of your sale.  This list is intended to let you know exactly what is required and to provide you with piece of mind that the service we are providing is of the highest standard: Read more

Matters To Consider Before You Sign An Agreement To Lease

Tuesday, September 06, 2011

The leasing market is ever changing.  Many would argue the current economy to favour tenants – there are a myriad of vacant properties currently available, and a definite lack of (quality) prospective tenants available.  Many tenants are looking to down size, if not liquidate, leaving landlords ("LLs") in the unenviable position of being forced to consider short term and stop gap solutions for their own cash flow purposes.  Enter the commercial real estate agent, armed with an agreement to lease ("ATL") ....  but beware, both LL and tenant, once signed the ATL will legally bind you to the terms specified and your lawyer will be unlikely to be able to re negotiate your lease.  It is important – if not critical – therefore, that both sides fully consider the ATL in detail before signing such.  A few key considerations are as follows: Read more

Tenant Not Paying – What To Do?

Thursday, August 25, 2011

Unfortunately, many property owners face this predicament in the current economic climate. The notice requirements for cancellation of a Lease have changed significantly under the Property Law Act 2007.  Read more

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