• When Is A Contractor Considered An Employee?

    It is important to know the differences between an employee and a contractor as this will affect your responsibilities, tax and super. If you incorrectly treat your employees as contractors, you risk having to pay penalties and charges.

    For the full text of this article, please go the MSI Global Alliance page » MORE...


  • The Step Children Conundrum

    Families – sometimes you can’t live with them, but you wouldn’t be living without them. As social demographics adjust and non-nuclear families are becoming more and more prevalent, the so-called ‘solutions’ from a legislative standpoint create some interesting outcomes. An important consideration in super death benefit planning is ensuring death benefit proceeds get paid to the desired beneficiary with the least potential chance for a challenge.
    Please see the Melbourne Divorce Network for the full article.
  • Legislation introduced to ease problems with deceased estates

    Administration and Probate and Other Act Amendment (Succession and Related Matters) Bill 2016

    Legislation was introduced into Victorian Parliament yesterday which will address problems that can arise in dealing with a deceased person’s estate and which also introduce updated formulas for distributing assets when a person dies without a will. 

    The amendments:

  • Adverse Possession – former laneways

    Reports in the Preston Leader of Reservoir property owner, Greg Goldenberg gaining title to a discontinued laneway under adverse possession laws demonstrates that successful outcomes are possible despite the need to tiptoe through a legal minefield (click here for the article). 

  • Uber Reaches its Final Destination: Victoria!

    An article for commercial drivers and consumers addressing the myriad of regulatory issues and legal challenges brought about by the ridesharing giant Uber. 

    The Victorian State government has announced plans for draft legislation providing taxi drivers, rideshare drivers and consumers with clarity to reform the multitude of issues that has riddled the industry.

  • Solatium – A win for landowners affected by compulsory acquisitions

    When an interest in land is acquired by a public authority by compulsion, landowners and those entitled to make a claim are also entitled to compensation for the intangible and non-pecuniary disadvantages resulting from the acquisition. That is, depending on the particular circumstances of the claimant, the acquiring authority is required to provide compensation for the inconvenience and disruption caused by the acquisition which cannot be quantified in monetary terms.

  • Safeguarding Commercially Sensitive and Confidential Information for Businesses

    If your business values its stored information for commercial advantage, it is likely that a competitor will also value it. Maybe even more. This article discusses legal and practical measures that businesses can take to protect their commercially sensitive and/or confidential information from theft or misuse by outgoing employees.

  • Officer liability under Occupational Health and Safety Legislation

    Each Australian State and Territory has occupational health and safety ('OHS') legislation which imposes certain obligations on companies. In any workplace OHS is a significant issue because when an accident or injury occurs there can be serious reputational and commercial repercussions for a company.

    Under section 21 of the Occupational Health and Safety Act (2004) (Vic) a company must ensure, so far as it is reasonably practicable, the health and safety of its workers while they are at work.

  • Party to contested probate proceeding ordered to pay costs personally

    Re Veall [2016] VSC 232

    A recent decision of the Supreme Court of Victoria in the case of a contested Probate application has shown the Court is willing to order costs to be paid personally by a party to the proceeding, rather than by the Estate, when the party is found to be the cause of the litigation.

    The Deceased died in October 2011 leaving three children, a son and two daughters.

  • Aitken Partners principals recognised at Law Institute of Victoria Awards

    Two of Aitken Partners principals were recognised at last Friday’s 2016 Law Institute of Victoria Awards. Kathy Wilson was acknowledged with the Accredited Specialist Achievement Award while Rob Bradley was given a Certificate of Service Award.

    Aitken Partners congratulates Kathy on Rob on their Awards.