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Author: Bill Atkin
Publisher:
ISBN: 9781877511059
Category : Equitable distribution of marital property
Languages : en
Pages : 298
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Book Description
This second edition of Relationship Property in New Zealand analyses the impact of the highly significant 2001 law reform package in the light of hundereds of cases, including the Court of Appeal decisions in X v X and Nation v Nation. In critiquing how well the changes are operating, the book porvides a unique tool for Judges, lawyers, policy-makers and students alike. Every key change, including the new economic provisions and the new provisions relating to trusts and de facto relationships, is examined and assessed against its policy intent.
Author: Bill Atkin
Publisher:
ISBN: 9781877511059
Category : Equitable distribution of marital property
Languages : en
Pages : 298
Get Book Here
Book Description
This second edition of Relationship Property in New Zealand analyses the impact of the highly significant 2001 law reform package in the light of hundereds of cases, including the Court of Appeal decisions in X v X and Nation v Nation. In critiquing how well the changes are operating, the book porvides a unique tool for Judges, lawyers, policy-makers and students alike. Every key change, including the new economic provisions and the new provisions relating to trusts and de facto relationships, is examined and assessed against its policy intent.
Author: M & ATKIN HENAGHAN (B.)
Publisher:
ISBN: 9780947514969
Category :
Languages : en
Pages :
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Book Description
Family Law Policy in New Zealand considers family law as a whole, from the definitions of 'family', through to context, goals, aspirations and judicial outcomes. Since the 4th edition was published in 2013, family law has undergone significant legislative change. Included in this edition is commentary on the changes recommended by the independent panel on family justice and the Law Commission on relationship property reform. As well as discussion of the Family Violence Act 2018, Child Poverty Reduction Act 2018 and amendments to the Oranga Tamariki Act 1989. The leading family law commentators in New Zealand have again provided insightful and authoritative essays, suitable for use in policy, study and practice.
Author: Margaret Briggs
Publisher: Edward Elgar Publishing
ISBN: 1802204687
Category : Law
Languages : en
Pages : 533
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Book Description
This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.
Author: Elisabeth McDonald
Publisher: Bloomsbury Publishing
ISBN: 1509909753
Category : Law
Languages : en
Pages : 575
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Book Description
This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women's lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the future. 'This Project stops us in our tracks and asks us: how could things have been different? At key moments in our legal history, what difference would it have made if feminist judges had been at the tiller? By doing so, it raises a host of important questions. What does it take to be a feminist judge? Would we want our judges to be feminists and if so why? Is there a uniquely female perspective to judging?' Professor Claudia Geiringer, Faculty of Law, Victoria University of Wellington 'With this book, some of our leading jurists expose the biases and power structures that underpin legal rules and the interpretation of them. Some also give voice to mana wahine perspectives on and about the law that have become invisible over time, perpetuating the impacts of colonialism and patriarchy combined on Maori women. I hope this book will be a catalyst for our nation to better understand and then seek to ameliorate these impacts.' Dr Claire Charters, Associate Professor, Faculty of Law, University of Auckland 'The work is highly illuminating and is critical to the development of our legal system ... It is crucial, not only for legal education, so that students of the law open their minds to the different ways legal problems can be conceptualised and decided. It is also crucial if we are going to have a truly just legal system where all the different voices and perspectives are fairly heard.' Professor Mark Henaghan, Dean of the Faculty of Law, University of Otago 'I believe this project is particularly important, as few academics or researchers in New Zealand concentrate on judicial method. I am therefore hopeful that it will provoke thoughtful debate in a critical area for society.' The Honourable Justice Helen Winkelmann, New Zealand Court of Appeal
Author: Shannon Lindsay
Publisher: Federation Press
ISBN: 9781862871946
Category : Law
Languages : en
Pages : 356
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Book Description
This work has been written by a practitioner for the benefit of practitioners.The two introductory chapters deal with broad general principles and conceptual issues such as what is a caveat? and what is a caveatable interest? but the bulk of the book is taken up by an encyclopaedic analysis of all of the reported Australian and New Zealand cases touching upon caveats. Essentially this book is intended to function as a road map for practitioners to the reported cases, guiding them to cases involving similar facts, and breaking the issues up in a way that matches the practical problems with which they must deal.Chapters which follow on from the general introductory chapters:list all the recognised categories of situations where there is a caveatable interestdeal with defects in the drafting of caveatsdescribe the procedures available to a registered proprietor or other interested person for freeing the title from the caveatanalyse the criteria for a successful action for compensation for wrongful lodgement of a caveatexplain the role of caveats in determining equitable prioritiesThere is also a brief chapter dealing with the assessment of stamp duty on caveats.
Author: Pam Davidson
Publisher:
ISBN: 9780947486235
Category :
Languages : en
Pages : 206
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Book Description
Author: International Academy of Estate and Trust Law. Annual Conference
Publisher: Kluwer Law International B.V.
ISBN: 9041123784
Category : Law
Languages : en
Pages : 310
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Book Description
This book focuses upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law: and family fights over wills and estates - what recourse family members may have in challenging an estate. The first part, `The challenge of the "new family" for Law', considers the challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couples living together and, in some jurisdictions to new kinds of companionate partnerships that are not based on a sexual relationship. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a defence of fundamental institutions and, with it, a defence of society itself. The second part, 'Family fights over wills and estates', examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. Its comparison of civil and common law approaches shows how the law expresses the same principle objects - protection of family and obligations towards key family members - but does so from entirely different perspectives; and where the common law which enshrined the notion of testamentary freedom is being qualified through the expanding domain of family provision legislation, the civil law which is based on codified shares and allocated responsibilities expressed through proportionate entitlements in estates, is being qualified through a range of disqualifying and varying mechanisms.
Author: James Stewart
Publisher: Sweet & Maxwell
ISBN: 190823900X
Category : Law
Languages : en
Pages : 525
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Book Description
Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780118405379
Category : Business & Economics
Languages : en
Pages : 132
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Book Description
Following its 2011 consultation on marital property agreements, the Law Commission has opened a supplementary consultation on needs and non-matrimonial property, Matrimonial Property, Needs and Agreements - A Supplementary Consulatation Paper (Consultation Paper No 208). The earlier paper examined the legal status of financial agreements made by husbands, wives and civil partners, often known as 'pre-nups' and 'post-nups'. The most important question addressed in that consultation was the enforceability of such agreements. This extension to the project followed the recommendation from Sir David Norgrove's Family Justice Review Panel for a review of the law relating to financial orders. The review is looking at two specific aspects of the law relating to financial provision on divorce: (i) to what extent one spouse should be required to meet the other's financial needs, and what exactly is meant by needs; and (
Author: Barbara Relph
Publisher: BarbWire
ISBN: 0473583038
Category : Family & Relationships
Languages : en
Pages : 180
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Book Description
Whether you are uncoupling from a relationship, or find yourself suddenly uncoupled, this book offers sound guidance. Answering many questions to help you navigate the challenges of separation in New Zealand, Uncoupling will help you move through each step and into the next phase of your life. Personal experience and knowledge from experts will answer these and many other questions: Do you know the laws relating to separation? How to pick a lawyer? The range of resolution options? How to reduce your legal bill? How to tell your children - or your parents? Or that you need to care for yourself through this calamity? Out the other side, how do you provide for yourself financially and manage your money and assets? If you are lonely (or bored), what are the advantages and pitfalls of dating online? And if you happen to meet the new love of your life, do you know how to protect yourself in the future? Dip in as you reach each stage of separation for guidance on these and many other aspects of uncoupling.
