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Intellectual Property

Interflora wins trademark case against Marks & Spencer (21 May 2013) (UK)

guardian.co.uk

Marks and Spencer has lost a five-year legal battle with Interflora after it bought advertising space tied to Google searches for the flower delivery network's name. Mr Justice Arnold at the high court in London ruled that M&S's use of the Interflora trademark to advertise its flowers and...

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Judiciary

Statement on the loss of Honourable Justice Robert Chambers - Minister of Justice (22 May 2013) (NZ)

Press Release: New Zealand Government

Justice Minister Judith Collins has expressed her sadness at the sudden loss of Supreme Court Judge, the Honourable Justice Robert Chambers. “I am extremely sad to learn of the sudden death of Justice Robert Chambers. “He was renowned across the profession as one of New...

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Judiciary

Supreme Court judge dies (22 May 2013) (NZ)

stuff.co.nz

Supreme Court judge Robert Chambers has died. Justice Chambers died in his sleep at his Wellington home last night, aged 59. Chief Justice Dame Sian Elias said she was deeply shocked at the death of her Supreme Court colleague. "Robert Chambers was a dear friend and colleague, and a...

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Civil Procedure, Criminal Procedure, Judiciary, Legal Services

New Customer Service Centre for Christchurch (22 May 2013) (NZ)

beehive.govt.nz

Justice Minister Judith Collins today opened a new multi-jurisdictional Customer Service Centre and marked the returning of full registry services to the District and High Courts in central Christchurch. The new centre in Durham Street provides a one-stop-shop for the Ministry of Justice, and...

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Banking and Finance, Commercial, Company

Select Committee reports back on Financial Reporting Bill (22 May 2013) (NZ)

beehive.govt.nz

Commerce Minister Craig Foss has welcomed the Commerce Select Committee report on a bill to cut the financial reporting burden for smaller companies. The Financial Reporting Bill removes the requirement for smaller companies to produce complex financial statements. It allows shareholders of...

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Building, Local Government, Resource Management

Richard Burton: Careful planning needed on apartments (21 May 2013) (NZ)

New Zealand Herald

Apartments have their place, but more planning care - with community say - is needed. Meetings involving hundreds of residents have been united in opposing the council's proposals on apartments. The draft Auckland Unitary Plan proposes a fundamental change to the urban fabric of Auckland....

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Employment, Law Practitioners

Solicitor overlooked for job after becoming pregnant wins discrimination case (19 May 2013) (UK)

The Telegraph

A trainee solicitor who was refused a permanent job after she became pregnant has won her discrimination case against a City law firm. Katie Tantum, 33, is now in line for compensation after an employment tribunal ruled law firm Travers Smith treated her unfairly. Miss Tantum, the daughter...

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Health, Human Rights, Social Security

Key backs changes to carer's law (21 May 2013) (NZ)

New Zealand Herald

Prime Minister John Key has defended the urgent passing of controversial legislation which restricted who could be paid for caring for disabled family members, saying that the Government faced further legal action if the law was not changed. The legislation has been slammed as rushed,...

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Law Practitioners, Legal Services

Ministry wants more senior legal aid lawyers (22 May 2013) (NZ)

New Zealand Law Society

The Ministry of Justice is to review its administrative processes for approving legal aid providers over the coming year. The ministry says it will implement "an improved monitoring and quality assurance framework" which is aimed at encouraging more senior lawyers to participate in...

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Property

Claws are out in luxury CBD tower (21 May 2013) (NZ)

New Zealand Herald

Power struggle between Metropolis body corporate and Concerned Owners Group over issues such as pets. Owners of apartments in Auckland's five-star Metropolis tower are pitted against one another in battles which have ranged from cat-keeping to who sits on the body corporate. Read more

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Building, Property

Advisory Service helping property owners (20 May 2013) (NZ)

beehive.govt.nz

Almost 50 appointments with independent advisors have been made for property owners facing rebuild and repair difficulties through the new Residential Advisory Service, Canterbury Earthquake Recovery Minister Gerry Brownlee says. Launched last week the Residential Advisory Service is for...

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Intellectual Property

Pinsent Masons wins trademark dispute for Interflora against M&S (21 May 2013) (UK)

The Lawyer

Mark & Spencer has lost a long-running trademark battle with Interflora after the High Court ruled that the retailer had infringed Interflora’s trademark. The ruling brings to an end a case that began in 2008 and signals a win for Pinsent Masons partner Iain Connor who instructed 11...

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Bill of Rights, Human Rights, Law Practitioners, Legal Services

Mass meeting of barristers takes a stand on QASA (20 May 2013) (UK)

Law Society Gazette

The largest of the six bar circuits has voted to boycott the Quality Assurance Scheme for Advocates – which the circuit leader vowed ‘will be defeated’. At a ‘unique’ meeting attended by some 400 barristers in London on Saturday, Sarah Forshaw QC, leader of the...

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Company, Competition

SkyCity Entertainment seeks clearance to acquire Otago Casinos (21 May 2013) (NZ)

Commerce Commission

The Commerce Commission has received an application from SkyCity Entertainment Group Limited (SkyCity) seeking clearance to acquire 100% of the shares in Otago Casinos Limited. SkyCity is a New Zealand based company listed on both the New Zealand and Australian stock exchanges. It operates...

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Bill of Rights, Criminal, Human Rights

Poor will suffer from court fee changes, MoJ warned (21 May 2013) (UK)

Law Society Gazette

Government plans to means-test waivers for civil court or tribunal fees could impact the most deprived and vulnerable sections of society, the Civil Justice Council has warned. The advisory group of judges, academics and lawyers, chaired by the master of the rolls, said there were ‘many...

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Environment, Local Government, Resource Management

Vision of fear for city's heritage (21 May 2013) (NZ)

NZ Herald

Auckland's heritage character is under threat from apartments in half of residential Auckland, says the Character Coalition. The group, comprising 58 heritage and community groups, has commissioned images to show the impact of small and high-rise apartments on the city's built heritage....

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Bill of Rights, Criminal

Urewera dawn raids: IPCA report to be released today (22 May 2013) (NZ)

NZ Herald

The Independent Police Conduct Authority will release its report today into the behaviour of police in the Urewera dawn raids. During the police operation in October 2007, 18 people were arrested in the Bay of Plenty, Auckland and Wellington. The Crown said those arrested were involved in...

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International, Privacy

US wants to continue information sharing with NZ (22 May 2013) (NZ)

NZ Herald

The United States wants to continue a criminal data matching scheme for assessing risks of threats that it began with New Zealand in advance of the Rugby World Cup. There was surprisingly little routine information sharing, said Alan Bersin, the Department of Homeland Security's assistance...

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Employment

I'm too sexy for my job ... and working's not for me, says Brit (NZ)

NZ Herald

British woman Laura Fernee says she is too attractive to work and has been unemployed for the last two years because of the "massive problems" her good looks cause at work. Ms Fernee, a 33-year-old brunette, told the Daily Mail she was forced to quit her last job at a medical...

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Civil Procedure, Costs

Don’t worry about Jackson fallout – judge (20 May 2013) (UK)

Law Society Gazette

The High Court judge responsible for implementing the Jackson civil litigation reforms has made two speeches seeking to allay lawyers’ fears about the reforms’ impact. Speaking to the Commercial Litigation Association annual conference, Mr Justice Ramsey urged more...

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Company, Employment, Health and Safety

Health and safety guidelines for directors launched (20 May 2013) (NZ)

beehive.govt.nz

Guidelines for company directors on leading and managing health and safety in their workplaces have been launched by Labour Minister Simon Bridges. “This is an important milestone in addressing both the recommendations of the Pike River Royal Commission and the Independent Taskforce on...

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Employment, Law Practitioners

Trainee lawyer was denied permanent contract when she became pregnant (19 May 2013) (UK)

The Guardian

33-year-old wins case against top City law firm, but her counsel warns of many similar cases. A trainee lawyer is in line for compensation from a top City law firm after winning her case for discrimination after she missed out on a job because she was pregnant. An employment tribunal found...

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International, Taxation

Foreign super tax bill introduced (20 May 2013) (NZ)

Inland Revenue Department

The Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Bill was introduced by the Minister of Revenue today. The bill proposes reforms to the taxation of foreign superannuation to make the rules simpler and easier to comply with, makes changes to the rules for specified mineral...

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Law Practitioners

Top lawyers acknowledged at CLANZ awards (20 May 2013) (NZ)

New Zealand Law Society

The role in-house lawyers play in the private, public, and community sector governance and growth has been celebrated at the annual CLANZ awards evening. The New Zealand Law Society in-house lawyer section CLANZ represents the 21% of lawyers who are employed by major organisations and...

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Law Practitioners, Partnership

How To: sever a partnership (20 May 2013) (UK)

Law Society Gazette

Partner culls, dropped practice areas, team moves, mergers, firms going bust – the lot of the equity partner is not always a happy one. When firms were making good money, partners could sit back and enjoy the rewards. But the economics have changed across the legal sector, prompting greater...

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Law Practitioners

In-house growth accelerating (20 May 2013) (Intl)

Law Society Gazette

In-house legal departments are using increased budgets to expand their own teams, with general counsel adding specialist lawyers able to take instructions that would have previously gone to external firms. That is the conclusion of research conducted by Laurence Simons for the Association of...

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Human Rights, Law Practitioners

Saudi Arabia accepts registration of female lawyer (20 May 2013) (Intl)

Law Society Gazette

Arwa Al-Hujaili has become Saudi Arabia’s first female lawyer – but only after spending three years post-graduation petitioning the kingdom’s Ministry of Justice to register her as a trainee. However, Al-Hujaili’s problems may have only just begun: any Saudi judge who...

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Insurance

Request to inquire into various matters relating to the Crown’s offer to purchase properties in the Christchurch ‘red zone’ (17 May 2013) (NZ)

Office of the Auditor-General

On 12 February 2013, the Hon Lianne Dalziel wrote to the Office of the Auditor-General and released that letter publicly. The Auditor-General has replied. Ms Dalziel requested the OAG inquire into: 1.The Crown’s method of acquiring properties in the residential ‘red...

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Competition, Technology

Commission identifies companies liable for $50 million telecommunications levy (20 May 2013) (NZ)

Commerce Commission

The government uses the annual levy to pay for telecommunications infrastructure including the relay service for the deaf and hearing-impaired, broadband for rural areas, and improvements to the 111 emergency service. Telecommunications Commissioner Dr Stephen Gale said the levy—about...

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Taxation

Dunne: foreign super and mining tax rules to change (20 May 2013) (NZ)

beehive.govt.nz

Proposals to reform the tax treatment of foreign superannuation and bring the tax treatment of gold, silver and ironsands mining into line with other economic activities are the centrepieces of a tax bill introduced in Parliament today, Revenue Minister Peter Dunne has announced. He said the...

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Criminal, Health, Human Rights

Funding continues to resolve historic abuse claims (20 May 2013) (NZ)

beehive.govt.nz

The Government has committed $16 million over the next four years to continue the Ministry’s successful Historic Claims Resolution Process for those abused in care. “It’s important we listen to those who experienced past abuse as children in state care, that we apologise and...

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Health, Human Rights

Paying family carers – Amendment Bill passed (17 May 2013) (NZ)

beehive.govt.nz

The New Zealand Public Health and Disability Amendment Bill (No 2) has passed through Parliament today. New Zealand is only the third country in the world, after Sweden and the Netherlands, where some family carers can be paid a wage to care for their disabled family member, according to the...

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Commercial, Health

Dunne names Psychoactive Substances Bill expert committee (17 May 2013) (NZ)

beehive.govt.nz

Associate Health Minister Peter Dunne today announced the make-up of the interim expert advisory committee that will help set the safety testing regime for legal highs under the incoming Psychoactive Substances Bill. The committee – to be chaired by Otago University Associate Professor...

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Law Practitioners

Queen’s Counsel appointed (17 May 2013) (NZ)

beehive.govt.nz

The Attorney-General, the Hon Christopher Finlayson, announced today the appointments of 26 Queen’s Counsel. This is the first appointment round of Queen’s Counsel since 2007 following changes to the Lawyers and Conveyancers Act earlier this year restoring the title of...

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Building, Property

Housing Accords and Special Housing Areas Bill (17 May 2013) (NZ)

Buddle Findlay

Following last night's Budget, the Housing Accords and Special Housing Areas Bill was introduced to the House and passed its first reading. If enacted, the Act will apply for three years and allows the Minister for Housing to declare special housing areas, within which a more permissive and...

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Civil Procedure, Wills

Advice received on centralisation of probates (16 May 2013) (NZ)

New Zealand Law Society

The Ministry of Justice has provided information to the New Zealand Law Society about the centralisation of probates from 4 June 2013. From that date, a number of changes come into effect for applications filed under Part 27 of the High Court Rules. All applications for probate, letters of...

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Judiciary

Judicial appointments process guidance issued (16 May 2013) (NZ)

New Zealand Law Society

The Crown Law Office has released a booklet on its website, setting out the process which will apply to judicial appointments to the High Court, Court of Appeal and Supreme Court. In a foreword, Attorney-General Christopher Finlayson QC says in recognition of the importance of the selection of...

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Law Practitioners, Legal Services

Lawyers reminded of CPD start date (16 May 2013) (NZ)

New Zealand Law Society

The New Zealand Law Society has reminded lawyers that the introduction of mandatory Continuing Professional Development (CPD) will occur on 1 October 2013 for a transitional period of six months, and then from 1 April 2014 for the first full year. During the first full year, from 1 April 2014,...

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Criminal, Criminal Sentencing

Funding to extend restorative justice services (16 May 2013) (NZ)

New Zealand Law Society

The government is giving the Ministry of Justice $4.4 million in operating funding over two years to extend restorative justice services by an additional 2,400 conferences by 2014/15. This will bring the total number of restorative justice conferences to 3,600 each year. Read more

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Law Practitioners, Legal Services

Workload still a big issue for LCRO (17 May 2013) (NZ)

New Zealand Law Society

The Legal Complaints Review Officer (LCRO) says managing the office's increasing workload continues to be the main challenge, and there is an increasing urgency to address the issue. The Annual Report of the Legal Complaints Review Officer for the year to 30 June 2012 has been presented to...

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Employment, Law Practitioners

Survey reveals major wage hikes unlikely (14 May 2013) (AUS)

Lawyers Weekly

Less than half of the 218 firms surveyed in the 2013 Australian Legal Industry Salary Survey plan to offer pay rises higher than the consumer price index (CPI) next financial year. The survey, released today (May 14) by the Australasian Legal Practice Management Association (ALPMA), found 48...

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Banking and Finance, Commercial, Privacy

Deloitte Budget commentary (16 May 2013) (NZ)

Deloitte

Finance Minister Bill English has delivered Budget 2013 to the nation against the backdrop of improving economic conditions and growing business confidence. After five Budgets, including two successive "zero Budgets," how does Budget 2013 represent continuity and is the...

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Law Practitioners

Charles Fletcher suspended for two years (16 May 2013) (NZ)

New Zealand Law Society

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal has suspended Hamilton lawyer Charles Fletcher from practising as a lawyer for a period of two years from 24 May 2013. Mr Fletcher had pleaded guilty to a charge of professional misconduct which was brought by the New Zealand Law...

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Judiciary

Verdict on juries: placing blind trust in them helps no one (15 May 2013) (UK)

guardian.co.uk

Almost a quarter of jurors in England and Wales currently misunderstand the restrictions on internet use during a trial, according to research just published. A significant number, 16%, wrongly believe they are not even allowed to check their emails while they are on jury service. On the other...

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Constitutional

MMP changes impossible without agreement (15 May 2013) (NZ)

beehive.govt.nz

Justice Minister Judith Collins says the fact that political parties cannot agree makes it impossible to make any changes to our MMP voting system. “Opposition parties have said the Government is deliberately ignoring the recommendations of the Electoral Commission. This is simply not...

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Environment

Government appoints Fiordland Marine Guardians (15 May 2013) (NZ)

beehive.govt.nz

Environment Minister Amy Adams today announced the appointment of two new Fiordland Marine Guardians and the reappointment of five existing Guardians. “I am pleased to announce the appointment of Rebecca McLeod and Jonathan Clow. Their wealth of experience in the environmental science...

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Commercial

Updated Budget 2013 app goes interactive (14 May 2013) (NZ)

beehive.govt.nz

The Government will launch an update of its Budget app for smartphones and tablets on Thursday with interactive features that allow users to see how much tax they pay and how their tax dollars are spent, Finance Minister Bill English says. “This is a refresh of the Budget app which was...

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Commercial, Competition

Select Committee reports back on Cartels Bill (14 May 2013) (NZ)

beehive.govt.nz

Commerce Minister Craig Foss today welcomed the Commerce Select Committee report on a Bill to encourage pro-competitive collaboration. The Commerce (Cartels and Other Matters) Amendment Bill promotes economic growth by enabling pro-competitive collaboration between firms, while also deterring...

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Banking and Finance, Commercial, International, Taxation

Govt to minimise FATCA business costs (14 May 2013) (NZ)

beehive.govt.nz

The Government is aware of financial institutions’ compliance concerns about the FATCA tax information exchange agreement being negotiated with the United States and is looking at options to help alleviate some of these concerns, Revenue Minister Peter Dunne said today. FATCA – the...

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Trusts

Supreme Court ruling on trustee mistakes "likely to create uncertainty", says expert (10 May 2013) (UK)

Out-Law.com

A Supreme Court ruling on the circumstances in which courts can set aside decisions made wrongly by trustees is "likely to create uncertainty" due to the subjective nature of the test, an expert has said. Tax expert Chris Thomas of Pinsent Masons, the law firm behind Out-Law.com, was...

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