×

Registrant Details

Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press "Save" after adding each new registrant.

Registrant 1
First name
Last Name
Email Address
Username ( if known )
NZLS Member or Associate Member?
1x Registrant
Proceed to Checkout

Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $149 - Law Society members and Associate members
  • $195 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Presentation time: 90 minutes
1.5
CPD HRS

Section 21 agreements, whether to contract out or to settle disputes under the Property (Relationships) Act 1976, continue to be commonplace. Often these agreements require a substantial degree of input and knowledge on the part of practitioners who want to ensure that the agreements withstand the test of time.

Topics will include:

  • An overview of common issues when drafting living (s 21) and settlement (s 21A) agreements
  • Update on recent case law
  • Practical drafting guidance.

Learning objectives

By completing this module you will obtain:

  • Have a better understanding of the complexities of these agreements and where changes in circumstances may require an agreement to be amended.

Electronic paper 

Author: Elizabeth Heaney
Published: 14 October 2024
Pages: 41

Introduction

Under ss 21, 21A and 21B of the Property (Relationships) Act 1976 (PRA), parties are able to contract out of the provisions of the PRA. However, those contracting out agreements (under s 21) or settlement agreements (under ss 21A and 21B) are only binding on the parties if witnessed by a lawyer who certifies that they have given their client independent legal advice before signing the agreement. This opens up the potential for lawyers acting on such agreements to become liable if they do not provide adequate independent legal advice.

The first half of this paper gives an overview of the potential causes of actions lawyers may face if they fail to give adequate advice in respect of contracting out and settlement agreements. The second half of the paper explores the ways in which lawyers may breach their obligations and sets out some “dos” and “don’ts” to assist lawyers advising on these agreements.

PowerPoint Presentation

These are the slides included in the presentation.

HEANEY Elizabeth    
Elizabeth Heaney
Tompkins Wake
Auckland		    

Questions?

In order to assist us in reducing spam, please type the characters you see:

You might also be interested in ...