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Archive: 2016

  • Changes to The Unit Titles Act 2010

    22 December 2016

    Building and Construction Minister Nick Smith announced upcoming amendments to the Unit Titles Act 2010 on 21 December 2016 with the launch of a discussion document: Click to viewSix significant changes to the Act are proposed:Better disclosure rules at the time of purchase Strengthening body corporate governance Increasing professionalism of body corporate managers Ensuring proper maintenance plans Variable compliance requirements relating complex size Improving the accessibility of dispute resolution The discussion document is open for consultation until 3 March 2017.We will be commenting on the discussion ...

  • Simon Kember and Vicki Ohms- Retirements from the firm and the law

    5 December 2016

    We announce the retirement of two of our senior people here at Glaister Ennor. Vicki Ohms (Consultant) and Simon Kember (Partner) will both be leaving the firm and the law on 30 November 2016, after many great years of service.Simon has practised law for nearly 40 years and has been a Partner at Glaister Ennor for the last 16 years. Simon is leaving to pursue his wide numbers of interests and his contribution to the firm, not to mention his ...

  • Your trust questions answered

    5 December 2016

    I set up my Trust to protect my children from their partners but I don’t want them knowing everything that is going on with the Trust, especially while I’m alive.The role of the trustee is to act in the best interests of the beneficiaries when making decisions in relation to the trust and its assets. But should a trustee’s decision be open to scrutiny by all of the beneficiaries, looking perhaps for a weakness which they can claim has prejudiced ...

  • Trusts Act Proposed Changes

    5 December 2016

    It has been some time since the Law Commission commenced its review of trust law with the intention of addressing problems that exist with the law as it stands. The Commission’s recommendations have now been reflected in a draft Trusts Bill anticipated to be enacted some time in 2017. Instead of looking to undertake a major overhaul, the Bill is intended to enhance and clarify the current law regarding trusts, which is a welcome relief given that the current legislation ...

  • Try before you buy

    5 December 2016

    Ten years ago Jo and Ian bought a section on which they built their dream home. They used high end quality materials throughout. Jo and Ian having recently retired decided that it was time to downsize and move to a “lock up and leave” apartment in the city. They placed their property on the market and were pleased to receive an unconditional offer after only a few weeks of marketing.The day before the settlement date the purchasers carried out a ...

  • Buyers/Sellers and Landlords of Properties – Commercial or residential:(“P”) contamination

    5 December 2016

    There is increasing publicity about how widespread the problem of P contamination of properties has become and the resulting obligations and impact on property owners.If a property has been used for the manufacture, or even the smoking, of P then potential contamination may lead to the need for costly remediation which goes beyond cleaning or replacement of carpet and soft furnishings through to major stripping out of GIB and wooden framing or even demolition. There is also the potential for ...