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Latest Insight Articles & News

Can someone claim part of your land through adverse possession?

Property Law: 19 October 2026

Author: Emma Buchanan, Kara Inglese

Imagine discovering that the fence between your property and your neighbour’s property does not follow the legal boundary. Perhaps your neighbour has used part of your land as their own garden, driveway or backyard for many years. While this may have started as a simple boundary mistake, it may eventually allow your neighbour to claim legal ownership of these parts of your land.

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What Should You Do In The First 30 Days After Separation

Family Law: 15 October 2026

Author: Constantina Demetriou, Nicole Brideson

Separating from your spouse or de facto partner can raise difficult questions about children, property, finances and what to do next. This practical guide explains the key steps to consider during the first 30 days after separation, including gathering important documents, protecting your personal information, reviewing joint finances and preparing for property settlement or parenting arrangements. It also explains why speaking with a family lawyer early can help you understand your options and feel better prepared for the decisions ahead.

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What happens when a retail or commercial tenant breaches a lease in Victoria?

Property Law: 13 October 2026

Author: Kara Inglese

Retail and commercial leases are legally binding agreements for exclusive use by a tenant of retail or commercial premises, setting out the rights and obligations of landlords, tenants and often, guarantors. Serious consequences my apply if a tenant breaches provisions of a retail or commercial lease, including facing financial penalties, lease termination, recovery proceedings against both the tenant and guarantor or legal disputes.

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Can My Former Partner Take Half My House?

Family Law: 12 October 2026

Author: Hunter Thompson

If you're worried that a former partner could claim a share of your house after separation, you're not alone. One of the most common family law questions in Australia is whether a spouse or de facto partner is entitled to "half" of your property. The reality is far more complex. In this article, we explain how property settlement works, the factors courts consider when dividing assets, and the steps you can take to protect your property and financial interests.

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What is a Director Penalty Notice?

Litigation: 07 October 2026

Author: Sam Merrylees

Are you a company director or small-to-medium business owner concerned about the possibility of receiving a Director Penalty Notice (DPN) from the Australian Taxation Office (ATO)? Or have you already received one?

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De-Suiting the Law – Podcast Episodes

Family Law,Litigation,Property Law: 02 October 2026

Author: Susan Ilias, Bao Ngo

De-Suiting the Law is a video podcast hosted by Aitken Partners Principal Lawyers Susan Ilias and Bao Ngo. The series sets out to demystify the legal profession, with real conversations about what lawyers actually do, and why it matters.

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The Top Six Intellectual Property Risks for a Business

Commercial and Business Law: 17 September 2026

Author: Lachlan Scott, Marco Saccotelli

For many businesses, intellectual property is among their most valuable assets. Whether it is a product, brand, software platform, proprietary process or customer data, intellectual property can define a competitive advantage and drive long-term growth. Yet it is also an area that is frequently overlooked until a problem arises.

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When is an Owners Corporation Liable for Water Damage Caused by Common Property?

Owners Corporation: 16 September 2026

Author: Deb Andronaco, Joel Parsons

When water damage affects a lot, determining whether an owners corporation (OC) is responsible is not always straightforward. A recent VCAT decision highlights the different legal avenues available to lot owners and provides important guidance on an owners corporation’s repair and maintenance obligations in relation to common property.

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How do I donate to a charity in my Will?

Wills and Estates: 08 September 2026

Author: Lizia Lim

Leaving a gift (bequest) to a charity in your Will can be a meaningful way to support a cause that is important to you after your death. However, there are several ways to structure a charitable gift, and the wording of your Will can have an impact on whether your wishes can be carried out exactly as you would like. This guide explains the key aspects to consider.

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Full and Frank Financial Disclosure in Family Law Property Settlements

Family Law: 03 September 2026

Author: Abbey Hoolahan

When parties separate and begin negotiating a property settlement, one of the first and most important steps is identifying the assets, liabilities and financial resources available for division. To achieve this, both parties are required to provide full and frank financial disclosure, ensuring everyone involved has a complete and accurate understanding of the financial circumstances of the relationship.

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