October 2010

  • RECRUITMENT AGENT’S ILLEGAL RESTRAINT OF TRADE

    Posted by Stephen Curtain

    In Earth Force Personnel Pty Ltd v E A Negri Pty Ltd & Anor [2010] VSC 426 (22 September 2010), Hargrave J was required to determine whether a condition that was included in a labour hire agreement was an unenforceable penalty and/or whether it operated as an unenforceable restraint of trade.

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  • A recent unreported case in the County Court highlights the need to keep business and friendship separate.

    Posted by Stephen Curtain

    In this case a concreter, whose company had a credit line with a supplier, was asked by a friend for permission to use his account to obtain a concrete on credit for his jobs.  The concreter accepted the request and the arrangement was a casual one with no paperwork or documentation.

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  • ABC Law Report on Compulsory Acquisition

    Posted by Andrew Clarke

    The ABC's Law Report has interviewed one of our lawyers, Anton Dunhill, about the process of Compulsory Acquisition and the impending action in Footscray.

    To listen to the audio, please click here.

     

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  • Regional Rail Link : Compulsory Property Acquisitions

    Posted by Andrew Blogg

    The Department of Transport is currently initiating a project known as the Regional Rail Link.  The project is a new rail line separating regional and metropolitan trains.  In particular, it gives Geelong, Bendigo, and Ballarat trains their own tracks from Sunshine to Southern Cross Station.  The Department has advised that it will oversee the building of up to 50 kilometres of new rail track.  

    During the construction process, some properties will need to be compulsorily acquired.

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  • Compulsory Acquisition General Advice

    Posted by Andrew Blogg

    Aitken Partners have acted for many land owners whose properties have been acquired as a result of various infrastructure projects. We act exclusively for land owners and the members of our Compulsory Acquisition team are familiar with the Land Acquisition and Compensation Act (“the Act”) under which compulsory acquisitions proceed. 

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  • Yan Yean Road : Property Acquisition

    Posted by Andrew Blogg

    VicRoads is currently undertaking a planning study for the possible duplication of Yan Yean Road between Diamond Creek Road and Kurrak Road, Plenty to cater for the substantial growth in the area.

    During the construction process, some properties will need to be compulsorily acquired.

    Please refer to our compulsory acquisition general advice.

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  • ASIC cracks down on Credit Providers : THE NATIONAL CREDIT CODE

    Posted by Michael O'Brien

    On 1 July 2010, the National Credit Code (“the Credit Code”) came into force, replacing the consumer credit codes of the States and Territories.  ASIC has responsibility for the administration of the Credit Code.

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  • Refunds of Luxury Car Tax : Primary Producers

    Posted by

    Luxury Car Tax (LCT) of 33% applies to most vehicles over the LCT threshold which is $57,466 for the 2010-11 financial year. If the car is fuel efficient, LCT will not apply unless the car exceeds the fuel efficient car limit which is $75,375 for the 2010-11 financial year.

    To be fuel efficient, the car must have a fuel consumption not exceeding 7 litres per 100 km.

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  • Government going through the motions in Footscray

    Posted by Andrew Blogg

    A senior lawyer with Aitken Partners, Andrew Blogg, has criticised the State Government today for its handling of the proposed compulsory acquisitions in Footscray for the regional rail link.

    Comments from the State’s Premier, John Brumby, yesterday indicated the consultation period that has only recently been completed was simply going through the motions.

    “It appears now the government and its departments were simply going through the processes by consulting land owners,” Mr Blogg said.

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  • In a Members’ Voluntary Winding up, a Shareholder is a Creditor

    Posted by Sandra McColl

    In Re BM2008 Pty Ltd (in liq) [2010] VSC 337 (11 August 2010), Davies J of the Supreme Court of Victoria was asked to adjudicate as to whether a shareholder in a members’ voluntary winding up of a company (i.e., where the company is solvent) who has no claim against the company apart from the right to a share in the distribution of the company’s surplus assets is a ‘creditor’ of the company.

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