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Non-lapsing Binding Death Benefit Nominations
Jack Conway
Australians have $2.7trillion invested in superannuation. For most Australians their superannuation interest will form one of the largest assets, and may exceed the value of the family home. Additionally, most superannuation funds provide life insurance which will frequently increase the potential benefit by hundreds of…
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Family Law arbitration is not always the answer
Dylan Chaplin-Burch
A recent article in Melbourne newspaper The Herald-Sun (Divorcing couples using private arbitration to bypass strained family court system) suggested that DIY Divorces are being used to 'bypass punishing waiting queues in excess of three years in the nation’s “broken” family law system'. However, the…
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Don’t let your relationship breakdown undo your estate planning
Jack Conway
If you are going through a relationship breakdown, you probably have three things in mind: protecting your kids, protecting your assets, and moving on with your life. Updating your will and estate plan is an important step in this process that ticks all three of…
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Beneficiary unsuccessful in seeking to institute litigation on behalf of the Estate regarding transactions during the Deceased’s lifetime
Rachael Hocking
Shannon v Shannon [2019] VSC 605 Judgment: 6 September 2019 Judge: Her Honour Justice McMillan This application was made by one of the beneficiaries of her late Grandmother’s Estate. The Grandmother’s Will appointed her daughter, the Applicant’s mother, as the Executor but the Executor had…
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How do I see a person’s will?
Jack Conway
A Will is a very personal, very private document. In most cases, the decision of a Will-maker to reveal, or not reveal, the details of their will to family members or friends is entirely their own. Many people are surprised to learn that once they…
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8 reasons to see a lawyer to make a valid Will
Linda Hart
We frequently come across homemade Wills or Will kits which people have used to make their final wishes known to their loved ones. As the Will maker has not received legal advice we often find errors in the Wills. As a result, it can make…
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Family wins compensation from convicted killer
Paolo Tatti
On 16 April 2016, Patrick Cronin attended a hotel with friends. A brawl broke out and Patrick intervened in an attempt to help a friend move away. He was punched from behind in an unprovoked attack by Andrew William Lee. Two days later, his family…
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Claimants win $2.8m in Supreme Court compulsory acquisition appeal
Natasha Ozolins
Aitken Partners has successfully represented the claimants in an important case on the compensation payable when a government authority compulsorily acquires land. The case concerned land in inner Melbourne. A family owned company operated a longstanding hardware business on the land. Another company belonging…
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Promotions at Aitken Partners
Aitken Partners has promoted the following lawyers. Elyse Byrne, Associate, Family Law. Dylan Chaplin-Burch, Senior Associate, Family Law. Nicole Jee, Senior Associate, Litigation. Natasha Ozolins, Senior Associate, Compulsory Acquisition. Georgia Agar, Associate, Family Law. Congratulations to all. Elyse, Dylan, Nicole, Natasha & Georgia.
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Compulsory Acquisition success for Provans Timber
Natasha Ozolins
On 14 June 2019, the Supreme Court of Victoria handed down an important decision regarding the assessment of compensation pursuant to the Land Acquisition and Compensation Act 1986 (Vic) (“the Act”) regarding the interests of and compensation payable to related claimants (Provans Timber Pty Ltd…
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Successful declaration of paternity effects distribution on intestacy
Wills & Estates
State Trustees Limited v Valentin Jaklar & Ors: IMO the estate of Franc Jeklar, deceased [2019] VSC 267 Judgment: 5 May 2019Judge: Daly AsJ The Deceased, a 90-year-old man who had never married and had no children, died leaving an Estate worth approximately $2million without…
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SMSF death benefit payment reversed by Court
Wills & Estates
A self-managed superannuation fund trustee has had her decision to distribute a death benefit to herself reversed by the Supreme Court of Victoria, in the recent case of Re Marsella; Marsella v Wareham (No 2).[1] The Court found that the trustee of the fund, who was…
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Collective bargaining class exemptions in the works for eligible businesses
Workplace Law
As consultation wrapped up last week, a change may be on the way as the ACCC considers introducing a class exemption for collective bargaining for selected businesses, agribusinesses and franchisees. Collective bargaining under the ACCC Collective bargaining is where two or more competitors come together…
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Proposed Reforms To The Federal Courts
Family Law
On Wednesday 30 May 2018, the Attorney General’s Department announced reforms to the Federal Courts in an attempt to speed up Court wait times for family law matters. There is no doubt that this issue has been one that has plagued the legal industry for…
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Same sex marriage – issues for estate planning
Succession & Elder Law
Although the recent same-sex marriage reform creates significant legal benefits for same-sex couples, those who were already married overseas or looking to get married in Australia should be aware of certain estate planning issues. The recent legislative amendments mean same-sex couples who have married overseas…
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