• Solatium – A win for landowners affected by compulsory acquisitions

    When an interest in land is acquired by a public authority by compulsion, landowners and those entitled to make a claim are also entitled to compensation for the intangible and non-pecuniary disadvantages resulting from the acquisition. That is, depending on the particular circumstances of the claimant, the acquiring authority is required to provide compensation for the inconvenience and disruption caused by the acquisition which cannot be quantified in monetary terms.

  • Safeguarding Commercially Sensitive and Confidential Information for Businesses

    If your business values its stored information for commercial advantage, it is likely that a competitor will also value it. Maybe even more. This article discusses legal and practical measures that businesses can take to protect their commercially sensitive and/or confidential information from theft or misuse by outgoing employees.

  • Officer liability under Occupational Health and Safety Legislation

    Each Australian State and Territory has occupational health and safety ('OHS') legislation which imposes certain obligations on companies. In any workplace OHS is a significant issue because when an accident or injury occurs there can be serious reputational and commercial repercussions for a company.

    Under section 21 of the Occupational Health and Safety Act (2004) (Vic) a company must ensure, so far as it is reasonably practicable, the health and safety of its workers while they are at work.

  • Party to contested probate proceeding ordered to pay costs personally

    Re Veall [2016] VSC 232

    A recent decision of the Supreme Court of Victoria in the case of a contested Probate application has shown the Court is willing to order costs to be paid personally by a party to the proceeding, rather than by the Estate, when the party is found to be the cause of the litigation.

    The Deceased died in October 2011 leaving three children, a son and two daughters.

  • Aitken Partners principals recognised at Law Institute of Victoria Awards

    Two of Aitken Partners principals were recognised at last Friday’s 2016 Law Institute of Victoria Awards. Kathy Wilson was acknowledged with the Accredited Specialist Achievement Award while Rob Bradley was given a Certificate of Service Award.

    Aitken Partners congratulates Kathy on Rob on their Awards.

  • Hand It Over


    It is common for businesses to provide employees with company-owned devices such as smart phones, laptops and USB sticks. Is your business adequately prepared to deal with the use of those devices including the retention of the information stored following the departure of an employee? If not, this blog may be of interest to you.

  • Dowry Law changes need education

    As part of the Victorian Royal Commission into family violence a law has now been proposed to tackle the controversial issue of dowry.

    To deal with this issue, it has been suggested that section 6 of the Family Violence Protection Act 2008 (Vic) be amended to “…expand statutory examples of family violence to include forced marriage and dowry-related abuse [within 12 months]”.

    It seems that this proposed change to the law has generated discussion within communities from the subcontinent with advocates for and against the proposed changes.

  • Successful claim by adult daughter where no provision made in Will

    First decision under new Part IV legislation

    Brimelow v Alampi [2016] VSC 135

    On 8 April 2016 Her Honour Justice McMillan of the Victorian Supreme Court handed down this judgment which is the first decided under the newly amended Part IV legislation.

    The Deceased died on 10 January 2015 (meaning the new legislation applies) at age 69 and was survived by her three adult children, her husband having predeceased her.

  • 60 Minutes 'Child Recovery' Fraught with Danger

    The media has recently been providing consistent coverage of Tara Brown and the 60 Minutes crew who are held in custody in Beirut for attempting to assist Ms Faulkner to recover her children off the streets of Beirut.

  • Indemnity out of trust assets for costs of engaging in litigation

    Olrey Pty Ltd (No 2) [2016] VSC 18

    On 17 November 2015 His Honour Justice McDonald handed down a decision in respect of an application made by the Trustee of the FRG Investments Trust pursuant to r. 54.02 ( see Re Olrey Pty Ltd [2015] VSC 643). The questions that the Trustee sought advice upon and His Honour’s respective decisions were as follows: