Latest Insight Articles & News
Director Responsibilities in Court Proceedings
Litigation: 17 September 2025
Simpson v Taylors Business Pty Ltd [2025] FCA 835
Director Responsibilities in Business Transactions
Litigation: 17 September 2025
Davis v Perry O’Brien Engineering Pty Ltd [2025] QCA 18
Director Disputes and Governance Risks
Litigation: 17 September 2025
Hans Mende v Fritz Kundrun – AMCI Group Dispute
Amendments to the Family Law Act: Add backs no longer included in asset pool but may be considered as dissipated assets
Family Law: 08 September 2025
Author: Lauren Lydeamore
On 10 December 2024, the Family Law Amendment Act 2024 was passed by the Australian Parliament, with key changes coming into effect on 10 June 2025. One significant amendment was made to section 79 of the Family Law Act 1975 (“the Act”), which governs property settlements in family law matters.
Applicants’ right to recover costs in claims for unlawful discrimination
Employment Law: 05 September 2025
Author: Stephen Curtain
Amendments to the Australian Human Rights Commission Act introduced late in 2024 provide greater protection for those bringing claims based on unlawful discrimination or sexual harassment. The amendments effectively change the effect of section 570 of the Fair Work Act, which provides that parties usually bear their own costs of proceedings, whether successful or not, for claims brought in the Federal Court and the Federal Circuit and Family Court of Australia.
Dylan Burch on the Today Show: Shining a Light on Post-Nuptial Agreements
Family Law: 19 August 2025
Author: Dylan Burch
Over the weekend, our Family Law Partner Dylan Burch made his live national TV debut on Channel 9’s Today Show, joining Clint and Alison to unpack an increasingly relevant topic; Post-Nuptial Financial Agreements.
Demolition Clauses and Genuine Intent: What Retail Tenants Must Know
Property Law: 15 August 2025
Author: Bao Ngo
Landlords undertaking refurbishment, renovation, or demolition of retail premises can significantly disrupt tenants’ businesses. The Retail Leases Act 2003 (Vic) (RLA) and lease agreements provide key protections for tenants, especially when access is restricted, operations are disrupted, or relocation is required.
Can The Brisbane Star Casino Be Saved? Options to Stay Afloat
Insolvency: 05 August 2025
Author: Erin Prout
On Friday 1 August 2025, the Star Entertainment Group Limited released a further update on the embattled financial crises surrounding the Casino at Brisbane’s, Queen’s Wharf.
Balancing Victim Compensation and Mortgage Priority: Insights from the Erin Patterson Case
Property Law: 04 August 2025
Author: Bao Ngo
On Thursday 31st July, Bao Ngo provided on-air insights for a radio station regarding the Erin Patterson case, focusing on the property law aspects. Below is a brief article illustrating how this case highlights the operation of the confiscation laws when other interests in the property such as mortgages are involved.
How to Handle Forced Resignation: Recognising and Responding to Pressure to Resign
Employment Law: 04 August 2025
Author: Erin Prout
What would you do if your employer made your work life unbearable, but didn’t outright fire you? Is it unfair dismissal when you’re pushed to resign? These are pressing questions in Australia’s workforce, where the line between voluntary resignation and constructive dismissal—also known as forced resignation—can often blur.
Can My Employer Change My Contract Without My Consent? Your Legal Rights
Employment Law: 04 August 2025
Imagine arriving to work one day only to find a new contract on your desk, detailing major changes to your role, hours, or pay. Your heart sinks as you wonder: Can they actually do this?
Employee Share Option Plans for Australian Start-ups: Using the ESS Start-up Concession
Business Law: 28 July 2025
Author: Leisa Bayston
Employee share option plans (ESOPs) have become an increasingly popular tool for Australian start-ups to attract and retain talent while preserving cash flow. The introduction of the Employee Share Scheme (ESS) start-up concession has significantly enhanced the appeal of these arrangements, providing substantial tax benefits for both companies and employees.
Has your business received a bad Google Review? You might be entitled to an injunction!
Litigation: 20 July 2025
Author: Caroline Skeoch
Setting Aside Statutory Demand: Re Tarrawarra Yarra Valley Holding Pty Ltd [2025] VSC 293
Litigation: 20 July 2025
Author: Caroline Skeoch
This case involved a party seeking to have a Creditors Statutory Demand (CSD) set aside by raising a multitude of arguments including: an off-setting claim, a genuine dispute claim; a penalty claim and contravention of other legislation
Simple Agreements for Future Equity - SAFEs in Australia
Business Law: 08 July 2025
Author: Leisa Bayston
Simple Agreements for Future Equity (SAFEs) have emerged as a popular instrument for early-stage funding in Australia's startup ecosystem.
In-N-Out Burger: How Pop-Ups Protect Their Trademark
Intellectual Property: 27 June 2025
Author: Leisa Bayston
In-N-Out Burger is a hugely popular American fast-food chain without permanent locations in Australia. However, they have held several successful one-day pop-up events in Sydney, Melbourne, Brisbane, and Canberra. If asked, people tend to assume they are ‘testing the waters in Australia’ for marketing and brand awareness or maybe considering a permanent store.
Indemnity Clauses in Queensland - Contractor Risks & Legal Lessons
Employment Law: 16 June 2025
Author: Erin Prout
The recent case of Shamrock Civil Engineering Pty Ltd v Honan Insurance Group Pty Ltd [2024] QSC 313, concerned a waste site in Ipswich which cost $31 million to remedy. The question before the Supreme Court of Queensland was who whether liability should rest with Cleanaway or Shamrock.
We are proud to announce the official opening of Aitken Partners’ new office in Brisbane, a significant step in our continued national growth.
Postnups in Australia - Protect Your Newfound Assets During Your Marriage
Family Law: 06 June 2025
Author: Kara Inglese
You may have heard the buzzword “prenup” amongst pop culture involving high profile celebrities – but have you heard of “postnups”?
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