• New protection for small businesses against unfair contract terms

    It’s official after months of debate in both the House of Representatives and the Senate the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 has passed both Houses. But what does this actually mean when it comes to everyday business?

  • Annual Leave to be paid upon termination of employment

    The Fair Work Act's s90(2) provision governs payment of untaken annual leave when a worker's employment ends.

    A full Federal Court has recently confirmed that annual leave owed to workers on termination of employment must be paid out at the same rate they would have received had they taken it while still working.

  • Land Tax for Filled and Potentially Contaminated Land

    VCAT Review of Assessment

    When industrial land is known to have been filled in an uncontrolled manner over many years and there are concerns that it might contain some contaminated material, to what extent should its value be reduced?

    That was the question that confronted a client of Aitken Partners.  Its significance was that a reduction in value would reduce the amount of land tax (and rates) payable.

  • More Covenants Varied

    Aitken Partners has successfully applied for the variation of two single-dwelling restrictive covenants affecting a double-block in Altona.  As a result of an Order of the Supreme Court made on 4 November, the client is now free to apply for a planning permit to erect up to a total of 6 town houses.

  • Restraints of trade in Employment Agreements

    For Employers: Does your current employee agreement include a restraint of trade clause? Your business and FUTURE business could be at serious risk without one.

    This blog explores the enforceability of employment restraint of trade clauses post-employment in Victoria.

    Types of restraints may include;

  • Building Insurance – Oh what a tangled web we weave

    There is a wonderful scene in the film “A Beautiful Mind”, where Alicia, the wife of mathematician John Nash stumbles into a shed, the walls of which are covered with snippets, parcels of information joined by a spider’s web of inter-connected threads, linking one idea with the next, containing a mass of factual information, rules and exceptions – an imbroglio of incomprehensible, inter-related fact.

  • Back to School Issues for Separated Families

    As the 2016 school year dawns upon us, many children will be looking forward to their first day at a new school.  Unfortunately, what should be a straight forward process and focussed on ensuring a seamless transition may turn into difficult and tense negotiations when it involves separated families.

  • Grand Final Eve Public Holiday Confirmed


    The Small Business Minister Philip Dalidakis has confirmed AFL grand final eve as a public holiday, meaning Friday October 2 will be a public holiday this year. 

    The decision followed a consultation period in which the Victorian Government accepted submissions regarding the impact of a new public holiday. 

    Businesses who choose to open on AFL grand final eve will be required to pay their staff applicable penalty rates. 

  • Update on Royal Commission into Family Violence

    With the Royal Commission into Family Violence in the throes of hearing submissions from various stakeholders, one is hard pressed to view a news report which does not touch on the issue of family violence. For many, the Royal Commission is long overdue but it is nevertheless a forum through which victims of family violence and those who work in areas relevant to family violence can have a voice and be heard.

  • Sperm donors may no longer be anonymous

    Amendments to the Assisted Reproductive Treatment Act 2008 (Vic) in relation to Donor Information

    As a part of Law Week, we attended an information session entitled, ‘The legalities of donor linking: bringing recipients, sperm donors and offspring together’ held by Latrobe University.