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The classification of a lease is an important exercise for both landlord and tenant alike. If the lease is classified as ‘retail’, a tenant is afforded more protection under the Retail Leases Act 2003, which are normally unavailable to commercial lease tenants.

If you decide to purchase a flat, apartment or unit, you most likely will become a member of an ‘owners corporation’. This is because these properties generally share access to common property or utilities/services.

Most deposits paid towards the purchase of a property, are usually held by a legal practitioner (or conveyancer), or real estate agent, in trust as a stakeholder. Often the vendor requires access to the deposit before settlement to, for example, put a deposit on another property.

With Married at First Sight back and in full swing, we find lots of people questioning whether the couples are really married.

You have decided to purchase a property with a spouse, partner, friend, or sibling, or all four of them, what next? One key step is to agree on the ownership arrangement on the title for the property.

I am a first home buyer in Victoria, am I eligible to receive any grants, and concessions or exemptions to the stamp duty payable on the purchase? I need all the help I can get.

The scope of preliminary discovery was contemplated in the recent Supreme Court decision Wadren Pty Ltd & Anor v Probuild Constructions (Aust) Pty Ltd & Ors [2023] VSC 348 (29 June 2023), wherein Wadren Pty Ltd and QIC Werribee Pty Ltd (Plaintiffs) made an application pursuant to rr 32.03 and 32.05 of the Supreme Court (General Civil Procedure) Rule 2015 (Vic) (Rules) against Probuild Constructions (Aust) Pty Ltd (Probuild) and AIG Australia Limited (AIG).

We are thrilled to kick off the week with some fantastic news! It is with great pleasure that we officially announce Bao Ngo’s appointment as the Head of our Asia Team! While many of you may have anticipated this exciting development, we couldn’t be more delighted to make it official!

We all like watching a live auction (particularly on The Block), but whilst it might appear quite glamours, there are certain things you should be mindful of when purchasing a residential property at auction in Victoria.

An off-the-plan purchase may have its benefits, but equally, there are inherent risks.

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.

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.

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.

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.

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.

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.

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.

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.

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.