Blog
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Government going through the motions in Footscray
1 Sep 2010 Posted by Andrew BloggA 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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Protection for Home Owners for Domestic Building Works
19 Aug 2010 Posted by Andrew BloggWith many of us undertaking renovation works on our properties, or even purchasing a home where such work has already been done, it is important for home owners to be aware that they do have some protection for domestic building works undertaken on their homes, whether or not they engaged the builder or contractor themselves and regardless of how the builder or contractor was engaged, which, as we know, can often be somewhat informal and not generally governed by a formal contract.
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In a Members’ Voluntary Winding up, a Shareholder is a Creditor
18 Aug 2010 Posted by Sandra McCollIn 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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Easements and Covenants
18 Aug 2010 Posted by Rob BradleyEasements and Covenants affecting freehold land are the subject of a Consultation Paper published by the Victorian Law Reform Commission. Submissions from the public have been invited and the deadline is 30 September 2010.
Aitken's partner, Rob Bradley is a member of a Law Institute of Victoria sub-committee that is examining the Consultation Paper.
Please contact him if you have any experiences or views that might assist in understanding the inadequacies of the current laws or suggest a better legal structure for the future.
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Private Investigators a part of the process
16 Aug 2010 Posted by Andrew BloggMedia reports today indicate that a private investigator has been hired to perform surveillance and background checks on Kristy Fraser-Kirk who has launched law suit against David Jones and its former CEO Mark McInnes.
While to many this seems an extreme step it is not an uncommon part of the legal process, especially when the law suit is in the region of the $37m being sought.
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Child support – what is the legal amount? What is the correct amount?
10 Aug 2010 Posted by Ed ClarkRecently there have been complaints in the news from a mistress who is disputing with a well known former cricketer how much child support he should be paying. According to newspaper reports he says he is paying the assessed amount and she says he should be paying her more. How can this happen?
The Child Support Agency has a set formula for child support payments. It is based on a number of variables, including a party’s tax return. It is well known that tax returns may not be the final say in how much money a person takes home.
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Have you heeded the warning? Maintenance is payable to ex partners
2 Aug 2010 Posted by Ed ClarkIn a previous blog we indicated that the Federal Government had decided to treat separating couples in the same way whether they were married or not - proof has no come to pass. The Federal Government isn’t interested in the fact that you chose to not marry. Married; not married, all the same provided you lived together for 2 years or have a child of the relationship.
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Compulsory acquisition confusion ties up Footscray
20 Jul 2010 Posted by Andrew ClarkeAitken Partners' Managing Partner and lead partner in its compulsory acquisitions team, Andrew Blogg, attended a community meeting in Victoria Street Footscray last Sunday to discuss land owners concerns around acquisition for the proposed regional rail link.
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Surprise calls in Buckley Street Footscray
15 Jul 2010 Posted by Andrew BloggWe have received a number of queries this week from residents and business owners in and around Buckley Street in Footscray on the back of the State Government's announcement earlier this week on its plans for the regional rail link. We visited the area yesterday, and it is fair to say the land owners were taken as much by surprise as we were.
It seems about 25 residences and maybe the same numbers of businesses will be affected by acquisitions.
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Adverse Possession - Getting what you're paying for?
13 Jul 2010 Posted by Rob BradleyRob Bradley has been interviewed by Domain in The Age on the concept of adverse possession.
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