July 11, 2022 In Bramwell Bate News By Cherie Hannam

Guarantees – Discussing anti-discharge clauses

Most guarantees have an “anti-discharge” clause, these clauses are designed to prevent a guarantor from being discharged from liability and allows the creditor to vary the underlying contract without the guarantor being discharged from their obligations. One of the most referred to authorities is the case of Holme v Brunskill. In Holme v Brunskill, the case involved the renting of a farm. The farm had sheep on it and a bond was given in relation to the number and condition of...

July 8, 2022 In Bramwell Bate News By Cherie Hannam

A Timely Reminder of Workplace Standards

Written by Tayla Westman  Although a mouthful, The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill, is bringing about important extensions to the law governing workplace harassment. The Bill extends the time during which an employee may bring a personal grievance for sexual harassment from 90 days to 12 months. This is an important amendment given the sensitivity involved and is a reminder for all of us about the importance of actively maintaining a healthy safe work...

July 7, 2022 In Bramwell Bate News By Cherie Hannam

Clarity around power of attorney medical certificates

In recent years the medical condition of a donor under a power of attorney has become increasingly important and therefore documented. Medical certifications as to mental capability are of particular importance both for property attorneys and personal care and welfare ones. A certificate around mental capacity triggers the use of both enduring powers of attorneys which have been either put in place in a timely manner, or ordered by a court through the process covering the absence of such relevant documents. Doctors...