Blog

  • Lock Up a Lawyer – ever wanted to?

    On 12 October 2013 lawyers from Aitken Partners and other members of the legal community are sleeping overnight at Pentridge Prison to raise money for charity.

    Money raised will provide vital funds to Youthlaw – Young People’s Legal Rights Centre and Melbourne City Mission.

  • 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.

  • Aged Care not high on the election agenda

    Early in 2013 the Labor Government made wide ranging changes to the Australian Aged Care system implementing changes based on recommendations from a Productivity Commission Report.

  • Compulsory acquisition: the basics from realestate.com.au

    The following article was recently published on realestate.com.au

    Love your home? Then the words compulsory acquisition will probably make you shudder. But before the panic sets in, let’s take a look at the facts surrounding this mysterious and often frightening process.

    https://www.realestate.com.au/blog/compulsory-acquisition-the-basics/

     

  • East-west link home owners may win early compensation

    The Age - July 18, 2013

    Home owners in the path of the planned east-west link may be able to claim compensation before the state government acquires their properties, according to legal advice.

    Any property that is known to be in the pathway of the planned toll road now has a "grey cloud" hanging over it, which immediately opens up a potential avenue for compensation.

    "More than likely you'd be able to get a claim right now, because there's a big grey cloud hanging over these properties," Aitken Partners Anton Dunhill said.

  • East West Link: Please take (at least some of) mine

    Statements attributed to the Premier that, “We will be fair and compassionate in dealing with people who are affected” and “We want to make sure they are properly and fully compensated” are to be applauded. They also lead to scepticism – who exactly are the people affected and what is proper and full compensation?

  • Property Wars: Is anything missing and if so, what?

    Documents in property transactions are not overly complicated or sophisticated. Normally they can be read and understood by anyone patient enough to plough through them. In many cases however, understanding what is there is only half the challenge – you also need to know what should be there but isn’t.

  • Property Wars: Keeping an Eye on Duty

    There are times when clients focus only on getting the deal done. Afterwards they can become acutely aware that there are (stamp) duty consequences if a deal is done the wrong way. Involving a lawyer in the deal making process can often be cost-effective. Introducing one later to help ‘clean up the mess,’ will sometimes suffice.

  • What lies beneath

    Sometimes lawyers are asked to step in at the last moment to help purchasers who have not sought proper legal advice before committing to the biggest purchase of their lives.

    One instance that comes to mind was the purchase of a property down the Peninsula. The Vendor’s Statement included a Title Plan. However no-one explained to the Purchasers the significance of the note ‘E-1’ on the Title Plan. E-1 was in fact a sewerage easement 10 feet wide that ran down one side of the property - over which the carport has been built.

  • They widened the Road

    The purchase of a development site on the fringe of Melbourne suburbia provides another example of a ‘simple, straight forward’ purchase needing the input of an experienced and diligent lawyer to prevent things going horribly wrong.