Litigation

  • The benefits of settlement offers in VCAT proceedings

    The general rule under s 109(1) of the Victorian Civil and Administrative Tribunal Act 1998 (“the Act”) is that each party bears its own costs as the Victorian Civil and Administrative Tribunal (“VCAT”) is a no costs jurisdiction.

  • Guarantor gets reprieve

    A landmark decision in the Supreme Court of Victoria on 9 April 2014 demonstrated that banks do not always have it their own way when recovering from guarantors. 

    In Perpetual Nominees Ltd v McGoldrick and Ors, McGoldrick sought to defend the claim brought against him under a guarantee he had given for borrowings made by his company from Perpetual.

  • How to enforce a judgment debt owed by a trade union

    There are few things more satisfying in litigation than obtaining a judgment in your favour — and few things more disappointing than finding one’s polite requests for payment of the judgment sum ignored. The law provides various means of enforcing judgments, some of the most useful among which are the bankruptcy regime for individuals and the statutory demand and liquidation regime for companies. These methods tend to obtain payment where there is money to pay.

  • Facing a claim from Mr Tweed’s Direct Share Purchasing Corporation

    We have acted for numerous clients in defending claims brought by notorious share market raider David Tweed through his company Direct Share Purchasing Corporation and have achieved satisfactory outcomes in all instances.

  • Beating the banks

    We recently acted on behalf of a private client who was sued by one of the big four banks in the County Court for early termination fees after the bank terminated bill facilities following our client placing their company in voluntary administration.

    Despite the bank retaining a much larger multinational law firm we were able to achieve a settlement which resulted in a payment to our client from the bank, and the bank agreeing to withdraw all claims against our client and remove the credit black listing they had placed on our client's credit record.

  • Telephone Bundling Scams

    In recent times Aitken Partners has been approached by a number of small businesses which have entered into agreements with telecommunications providers on terms which they have later found to be unfair and unworkable. The businesses have typically been approached by a sales person with an offer of cheap calls and ‘free’ equipment. Typically the sales person has attended the small businesses’ offices and offered to either match the rates of their existing provider or at a lower level as well as providing free up to date equipment.

  • Triangle Wars the movie - strikes back

    After years of battling on the streets and in the Victorian Civil & Administrative Tribunal, our client unChain St Kilda successfully achieved its goal and the goal of many St Kilda residents in preventing the proposed redevelopment of the St Kilda Triangle. 

  • Defending claims brought by David Tweed of Direct Share Purchasing Corporation

    We are currently acting to defend a client who is being sued by notorious share market raider David Tweed through his company Direct Share Purchasing Corporation.

    Mr Tweed’s modus operandii is to require company’s to provide a list of their share registry, which under present laws they are required to provide. He then mails out low-ball offers to purchase shareholders’ shares or units at around 50% of their market value. Usually a fraction of the offerees will accept and Mr Tweed will make an immediate 50% profit by his acquisition.

  • Triangle Wars- The movie

    After years of battling on the streets and in the Victorian Civil & Administrative Tribunal, our client unChain St Kilda successfully achieved its goal and the goal of many St Kilda residents in preventing the proposed redevelopment of the St Kilda Triangle. 

  • New movie highlights the St Kilda Triangle dispute

    After years of battling on the streets and in the Victorian Civil & Administrative Tribunal, our client unChain St Kilda successfully achieved its goal and the goal of many St Kilda residents in preventing the proposed redevelopment of the St Kilda Triangle.

    A movie now showing at the Melbourne International Film Festival tracks the progess of this dispute from the initial opposition at Council meetings to many complex legal disputes, including freedom of information applications, administrative law review and costs disputes.