What should I be mindful of before buying a property Off-the-Plan?
Property Law: 13 February 2024
An off-the-plan purchase may have its benefits, but equally, there are inherent risks.
Latest Insight Articles & News
Insolvency Law Update: Re Haidi Holdings Pty Ltd [2023] VSC 739 (13 December 2023)
Insolvency: 08 February 2024
Author: Oren Polichtuk
On 13 December 2023, the Supreme Court of Victoria handed down a decision concerning a creditors statutory demands in respect to unpaid present entitlements under trust.
Don’t get caught in a loophole! – what to look out for: THREE changes resulting from the closing the loopholes bill
Employment Law: 07 February 2024
Author: Bianca Mazzarella
There have been significant changes to the Fair Work Act 2009 (Cth) (FWA) as part of the new ‘Closing Loopholes’ legislation. These changes will come into effect at various times until 2025 and it is important for employers to keep on top of the changes to avoid being caught out.
Whenever two or more people agree to combine resources in order to purchase a property together, if the Family Law Act (1975) does not apply, a co-owners’ agreement setting out the expectations, rights and obligations of the parties is an almost indispensable first step.
Surge in Separations: Navigating New Beginnings
Family Law: 17 January 2024
As we enter the new year, many individuals find themselves reflecting on relationships and contemplating change. In January each year at Aitken Partners, we often see a spike in separations, as individuals grapple with a desire for a fresh start and consider their family dynamics during the holidays. New year resolutions and a heightened focus on family can magnify existing issues and lead to difficult decisions.
Double Duty - the Dangers of Land Development before Nomination
Property Law: 16 January 2024
Author: Rob Bradley
In Hartman v Commissioner of State Revenue [2022] VCAT 28 The Tribunal affirmed the Commissioner’s assessment of “double duty” in circumstances where the named purchaser sought a planning permit to subdivide the property before nominating two companies (as trustees of trusts associated with him) to take one title each at settlement.
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Merry Christmas
22 December 2023
We understand that the Christmas period can be stressful for families, and you don’t have to face it alone. If you need assistance during this time, please reach out to us. Whilst most law firms are closed, we are contactable on 03 8600 6016.
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On Friday, 1st December 2023, Aitken Partners celebrated a remarkable milestone, 100 years of law. For a hundred years, we have stood by our clients as their trusted legal partners, fostering enduring relationships built on trust, respect, and unwavering support.
Navigating the Maze of Spousal Maintenance
Family Law: 29 November 2023
Understanding spousal maintenance when a party is unable to financially support themselves adequately can be a maze to navigate. There are a number of factors taken into consideration by the Court, with one crucial element being the future needs of the involved parties.
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Aitken Partners team win the 2023 Grand Final of the Victorian Women Lawyer’s Warren Moot
29 November 2023
We are proud to announce that our brilliant Aitken Partners team has won the Grand Final of the Victorian Women Lawyer’s (VWL) Warren Moot. The Grand Final took place on 20 November in the Banco Court of the Supreme Court of Victoria.
Intervention Orders and Family Violence – What does it all actually mean?
Family Law: 28 November 2023
Author: Susan Ilias
An Intervention Order (IVO) is a civil Order made by the Magistrates Court for the protection of a person. An IVO can help protect you and your family from anyone who is violent or makes you feel unsafe.
Employers’ positive duties to comply with Sex Discrimination Act
Employment Law: 28 November 2023
Author: Stephen Curtain
Victorian employers already have a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible under the Equal Opportunity Act 2010.
New rules for Fixed Term contracts from 6 December 2023
Employment Law: 17 November 2023
Author: Stephen Curtain
As part of the Closing the Loopholes legislation contracts will not be allowed to be for a fixed term of longer than 2 years. This includes contracts which can by agreement be extended beyond 2 years. Nor can fixed term contracts be extended more than once, even if the total period is for less than 2 years.
Employment Contracts – Mortgage Brokerages beware!
Employment Law: 17 November 2023
Author: Bianca Mazzarella
Mortgage Brokerages like all businesses must protect themselves and ensure that they have comprehensively drafted contracts to prevent the following:
Conducting your own Due Diligence
Property Law: 16 November 2023
In addition to the review of the Contract and Vendor Statement, it is also essential that a purchaser conducts their own due diligence. ‘Due diligence’ refers to the searches, enquiries and inspections that a buyer may undertake when considering whether to purchase a property.
Review of Contract before Property Purchase
Property Law: 16 November 2023
Whether you are a first home buyer or experienced property investor, one of the first steps you should take when purchasing a property is to have the Contract of Sale and Vendor Statement reviewed by a property lawyer.
All You Need to Know about Child Support Agreements
Family Law: 14 November 2023
It is expected in Australia that both parents have an obligation to financially support their child(ren) after a separation or divorce. Whether you are paying or receiving child support, payments can be a significant concern for parents going through a separation so it is important you understand your rights in relation to child support.
How quickly can I get a property settlement after separating?
Family Law: 09 November 2023
Author: Dylan Burch
I am not sure why, but there seems to be some confusion amongst people that they need to be separated for 12 months before they start the process for a property settlement after separation in Victoria. This isn’t correct. As I have previously mentioned, you need to wait 12 months after separation to get divorced but not for a property settlement.
While caveats provide an affordable and effective option to parties to prevent registered landowners from engaging in unauthorised dealings inconsistent with a caveator’s right and interest in land, there are various risks of which parties and solicitors ought to be aware.
Simultaneous Settlement Explained
Property Law: 25 October 2023
If you are relying on the proceeds from the sale of your property to purchase another, then you may require a simultaneous settlement. This is a common situation where you arrange for the settlement of your current property and the settlement of your new property to happen at the same time.
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