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Authors: Amanda Donovan, Ben Jefferson
Published: 5 June 2024
Pages: 28

Introduction

This paper serves as an update of the paper presented by Amanda Donovan and Ben Jefferson for the NZLS CLE Webinar: Gift or Loan? That paper was originally prepared and presented by his Honour Judge Muir and Amanda Donovan for the 2017 Family Law conference. Both this paper and the 2021 paper also draw assistance from the 2018 NZLS CLE Webinar: Gift or Loan? paper, which was authored by Jeremy Sutton and Ben Snedden.

The writers were also assisted in the preparation of this paper by the two articles on the subject authored by Ruiping Ye, Lecturer, Faculty of Law, Victoria University of Wellington.

Content outline

  • A loan, gift, or investment?
  • Types of contributions
  • What are the principles?
  • Rebutting the presumption
  • Burden of proof
  • Evidence
  • Sham documents?
  • Protecting the transferee’s interests
  • Protecting the transferor’s interests
  • Authorities

Content outline

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DONOVAN Amanda JEFFERSON Ben  
Amanda Donovan
Haigh Lyon Lawyers Ltd
Auckland
Ben Jefferson
Haigh Lyon Lawyers Ltd
Auckland
 

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