Articles (by us)

/Articles (by us)/
19 09, 2010

Copyright automatically protects certain work – for free!

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Copyright is a property right that exists in original copyright works.  This property right is a type of intellectual property. Copyright work includes: literary works e.g. emails, novels, lyrics, tables and compilations, computer programmes; dramatic works e.g. scripts; musical works e.g. sheet music; artistic works e.g. photos, diagrams, drawings, sculptures, maps, paintings; sound recordings (as [...]

4 09, 2010

Patent protection for inventions

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Patent protection is a type of intellectual property. The aim of the patent regime is to provide protection by a system of registration that grants a limited-term monopoly for inventions; to provide the owner with an exclusive right to commercially exploit the invention for a period of up to 20 years, and provide protection against [...]

23 08, 2010

Enduring power of attorney witnessing requirements – law change

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Since 2008 the witnessing requirements for enduring powers of attorney have been very strict. Due to a potential conflict of interest the law required the donor (the person appointing the attorney) to have their signature witnessed by a lawyer who is independent of the attorney. That meant that a lawyer who acts for both the [...]

12 08, 2010

Income tax “associated persons rules” in relation to land transactions

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In my Blog on trusts tainted by new associated persons rules I discussed one of the outcomes of the amendment to the “associated persons” rules in the Income Tax Act 2007. The main consequence of the amendment is that a person who is a dealer, developer or builder will “taint” persons he or she is [...]

2 08, 2010

Trespass over land by a person or wandering stock

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Trespass over land is either a civil offence (a “tort” based on case law – previously known as a “writ of trespass”) or a criminal offence (the elements of which are found in the Trespass Act 1980). Trespass is a possessory right and protects an owner or occupier of land from direct interference, or invasion, of [...]

1 08, 2010

Structuring your business and incorporating a limited liability company

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One of the first things people consider when going into business is the type of entity or structure they would like to use to carry out their business. The business structure is like a vehicle which will take the business through its life cycle from formation to winding up. However, depending on the type of [...]

12 07, 2010

Retailers providing credit must register as financial service providers by 30 November 2010

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New laws applying to the finance industry from 1 December this year will have a substantial impact on financial advisers and financial service providers. This legal blog deals with the new obligations on financial services providers. Retailers providing goods on credit terms are financial service providers and therefore need to register as financial service providers [...]

9 07, 2010

Animal welfare bill passes into law

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The Animal Welfare Bill has been passed, significantly raising penalties for cruelty to animals. The Animal Welfare Amendment Act increases the maximum sentence for animal ill-treatment and neglect from three to five years and the maximum fine will double to $100,000 for an individual and $500,000 for a body corporate. The Act redefines the description [...]

19 06, 2010

Gift duty to be repealed – making gifting to your trust free!

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The Government is considering repealing gift duty. Gift duty is a tax that you must pay when you give away more than $27,000 worth of property in one year. This may be by cash, forgiving a debt, transferring a house or other property to your trust. The original purpose of gift duty was stop people [...]

8 06, 2010

Quitting your job? Been fired after giving notice? Want your final pay?

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Quitting your job can be a stressful time. The situation is made worse when your boss is not happy you are leaving and tells you not to come into work, makes your last days at work intolerable or does not want to give you your full and final pay. Both you and your boss must [...]

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