September 2009

  • Bankruptcy and the Family Court

    30 Sep 2009 Posted by John McClelland

    Sometimes in Family Law Act proceedings, one spouse (now including de facto partners) is, or becomes, bankrupt.  Since 2005, the Family Court and the Federal Magistrates’ Court have had the power to determine bankruptcy matters relating to a bankrupt spouse in family law proceedings.  This helps avoid the expense of running two cases in separate Courts and the unfair nature of the trustee in bankruptcy and the non-bankrupt spouse rushing to their respective Courts to try to beat the other there.

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  • Adverse Possession

    28 Sep 2009 Posted by Colin Bridges

    Occupation of land without the consent of the owner for a long period may enable the occupier to obtain a legal title to the land.

    Possession is 'adverse' when the owner has been expelled by a trespasser which may be established by proving that the occupier has had exclusive possession of the land in an obvious way.

    A common example occurs when fences are constructed outside the title boundary and remain in such location for over 15 years. 

    Aitken Partners has extensive experience in successful claims for land by adverse possession.

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  • Options to Renew - notification by Landlord

    24 Sep 2009 Posted by Stephen Maule

    The Retail Leases Act 2003 requires a landlord to notify the tenant of any right to renew the lease.  Failure to give the tenant such notice results in the lease provisions continuing until six months after such notice is received by the tenant.

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  • Equal time for parenting

    23 Sep 2009 Posted by John McClelland

    In 2006 the new Family Law (Shared Parenting) Bill became law.  It confirmed that in most cases, both separating parents should remain equally responsible for and try to agree on long-term issues regarding their children (called “equal shared parenting responsibility”). 

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  • Things to think about when moving in

    16 Sep 2009 Posted by John McClelland

    The law regarding de facto (including same sex) couples has been changing and it is likely that more claims will be made between partners.  There are all sorts of methods available, both simple and formal, to protect yourself if your relationship breaks down.

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