Eminem Lose Yourself hits the legal charts
An example of when pop culture and the legal world collide, the High Court has decided that National Party 2014 campaign election production track Eminem Esque was sufficiently similar to Eminem hit Lose Yourself so as to constitute a breach of copyright.In the words of Cull J:You better lose yourself in the music, the moment You own it, you better never let it go [1] So raps Eminem to the musical work Lose Yourself. Access the judgment and media release below:Eight Mile Style V National Party [2017] NZHC 2603http://www.courtsofnz.govt.nz/static-files/eight-mile-style-v-new-zealand-national-party.html
Man denied cover under ACC for cerebral palsy caused at his birth
Mr Adlam suffered oxygen deprivation prior to his birth by emergency caesarean section. Had the emergency caesarean section been performed earlier, it was likely that Mr Adlam would not have suffered that injury. The Court of Appeal looked at the meaning of failure to provide treatment, or to provide treatment in a timely manner”, and held that a failure to treat cannot occur in circumstances where there are no indications for a different treatment course.Access the judgment and media release below:https://www.courtsofnz.govt.nz/cases/jeremy-cameron-adlam-v-accident-compensation-corporation/@@images/fileDecision?r=647.562483809https://www.courtsofnz.govt.nz/cases/jeremy-cameron-adlam-v-accident-compensation-corporation/@@images/fileMediaNotes?r=845.234263435
Earthquake insurance claimants permitted to bring representative action
The Court of Appeal has allowed the Southern Response Unresolved Claims Group to bring a representative proceeding against their insurer. The insurer had sought to have the representative action barred primarily on the grounds that the different claims by the individuals were not sufficiently similar to be dealt with in this way.Access the judgment and media release below:https://www.courtsofnz.govt.nz/cases/southern-response-earthquake-services-limited-v-the-southern-response/@@images/fileDecision?r=579.043860235https://www.courtsofnz.govt.nz/cases/southern-response-earthquake-services-limited-v-the-southern-response/@@images/fileMediaNotes?r=433.619640859
Survey of NZ Family Lawyers identifies potential areas for relationship property law and practice reform
This survey of 400 family law practitioners coincides with the Law Commissions review of relationship property law. It identifies the potential areas for reform as:
- More efficient resolution of relationship property cases;
- Greater certainty over the status of trusts; and
- Stronger penalties for failing to disclose information
Political roundup
New Zealand has a new government. A quintessential Kiwi explanation of the MMP system by Eva Allan on facebook reads as follows:There's one mince and cheese pie left in the shop it costs $5.Bill (English) has $4.50.Jacinda (Ardern) has $3.70.Winston (Peters) has 70c.James (Shaw) has 60c and David (Seymour) has 5c.No one has enough money to buy the pie by themselves but Jacinda, Winston and James put their money together and buy the pie.Bill gets no pie because he needed 50c but didn't have any friends to help him pay for the pie.https://www.stuff.co.nz/national/politics/98173997/this-pie-analogy-is-the-most-kiwi-mmp-explanation-everAlso, forget about Jacinda - we have a First Cat of New Zealand, Paddles.You can find his twitter page below:https://twitter.com/FirstCatofNZ
Irish president visits New Zealand
The Irish members of Bankside Chambers are excited to welcome the Irish president to New Zealand.During his visit, President Higgins became the first Head of State to visit the Earthquake National Memorial in Christchurch. Watch the video below:https://www.youtube.com/watch?v=QgkWzEhTKrA&feature=youtu.be President Higgins also made time to visit his ancestral homeplace, Hobbiton.http://waterfordwhispersnews.com/2017/10/26/president-higgins-visits-ancestral-homeplace/by Kelly Zhang
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