Litigation

  • Incorporated Associations access to information about members

    The Associations Incorporation Act 1981 (Vic) governs the incorporation of not-for-profit clubs and societies. Every association incorporated under that Act must have Rules, and the Act provides a list of matters for which rules must cover.  The Act also provides that an association or club may simply adopt the Model Rules prescribed in the regulations.

  • Ignorance may not be bliss

    A recent case in which we acted for a waste management company demonstrated that even when you think you are doing the right thing, that may not be the case.

    The waste management company had processes in place where it reported to the Council when trucks entered a waste site with overweight loads. Our client was at that stage unaware that there was a secondary requirement – VicRoads were to be notified when this occurred pursuant to the Road Safety Act – an oversight which gave rise to potential fines of around $1.6m.

  • St Kilda Triangle fight is over

    The fate of the controversial 'St Kilda Triangle' was decided last month following a long legal battle. The St Kilda Triangle divided the local community and eventually became a key issue in City of Port Phillip elections earlier this year which resulted in a several councillors losing their seats and the eventual decision by Council to cancel the project. 

    Aitken Partners acted for the community action group unChain St Kilda and its then president, Serge Thomann, in several matters relating to the development.