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The Benefits of Boarding the Mothership
Alex Nicol
1. Unfair Preference Claims One of the most commonly utilised recovery tools in a liquidator’s toolbox is the “unfair preference” claim. This claim is brought pursuant to section 588FA of the Corporations Act and enables a liquidator to recover payments made to creditors in the…
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Casual Confusion Continues
Stephen Curtain
WorkPac Pty Ltd v Rossato Last week the Full Federal Court (FCC) handed down its decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 which has significant ramifications for worker entitlements. Background Between 28 July 2014 and 9 April 2018, Robert Rossato (Rossato) was…
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Cryptocurrencies – Are they an asset capable of being held on trust?
Alex Nicol
Erin Meeking
Lessons from Ruscoe v Cryptopia Ltd A recent New Zealand High Court decision has held that cryptocurrencies, as ‘digital assets’, are a form of property that are capable of being held on trust. Importance This is one of the first analyses of the nature of…
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Family Law and Bankruptcy: What if my former spouse is declared bankrupt?
Phoebe Smillie
Bankruptcy and family law can collide when spouses separate, often as a reason for the separation or as an outcome of the separation. Recently, COVID-19 has caused economic uncertainty with falling house prices and stagnant incomes. As such, families may be experiencing higher levels of…
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Entering into a Binding Financial Agreement in Australia but you’re currently overseas
Danie Mellas
A Binding Financial Agreement (“BFA”) is an agreement between de facto, soon to be married or already married couples. These can be made either before, during or after their relationship. For a BFA to be legally binding and for it to be enforceable, the following requirements…
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Step-By-Step guide to help you leave an abusive relationship
Georgia Agar
If you’re at risk of family violence, being at home with your partner during the COVID-19 pandemic has probably been even more difficult than usual. Particularly so if you or your partner have been stood down, or worse, lost employment altogether. If you try to…
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Electronic signing and witnessing of Wills, Powers of Attorney and Statutory Declarations
Daniel Black
Further to the COVID-19 Omnibus (Emergency Measures) Act 2020, on 12 May 2020, the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020 (‘the Regulations’) were passed in Victoria. The Regulations allow for the electronic signing and witnessing in Victoria of: Statutory Declarations Powers…
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Healesville-Koo Wee Rup Road Upgrade Blog Update
The Healesville- Koo Wee Rup Road Upgrade recently experienced delays due to the COVID-19 pandemic. We understand that the landowners who have received a Notice of Intention to Acquire ('NOITA') at the beginning of the year should expect to receive a Notice of Acquisition ('NOA')…
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Leasing Update During COVID-19 Crisis
Sarah Ward
The following information may be of interest to you as I know that your business has been significantly affected by the Corona virus. If you would like some advice or assistance in relation to the Covid regulations do not hesitate to contact me or Sarah…
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Is a Video Recording a Valid Will?
Linda Hart
In Victoria there are certain requirements for a document to operate as a Will. Wills must be in writing and signed by the will maker in the presence of at least two witnesses present at the same time. However, in some circumstances, a document may…
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Surge in ‘urgent’ Family Court cases as COVID-19 pressures boil over
Susan Ilias
The Family Court and Federal Circuit Court will establish COVID-19 list due to commence on Wednesday 29th April 2020. The COVID-19 list will hear cases that have been listed as a result of the COVID-19 crisis. All urgent cases will be assessed by a Registrar…
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North East Link Update
Natasha Ozolins
Compulsory Acquisition Process The Minister for Transport Infrastructure/ Minister for the Coordination of Transport: COVID-19, Jacinta Allan recently announced that the formal compulsory acquisition process for the North East Link Project has been extended until the middle of 2020 as result of COVID-19. The Minister…
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Aitken Partners growing during COVID-19 Crisis with recruitment of Alex Nicol
Andrew Clarke
While the rest of the legal world is standing still and indeed reducing salaries or hours (or both), Aitken Partners is expanding its team through the recruitment of Alex Nicol as a principal lawyer for its Insolvency Team, headed by Michael O’Brien. Mr Nicol re-joins…
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Family Law Financial Matters and the impact of COVID-19
Phoebe Smillie
COVID-19 is having a significant and drastic impact on our economy. Such economic impacts may directly affect and implicate your family law property settlement. If you are in the midst of negotiating a property settlement with your former partner based on information obtained prior to…
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Changes for Victorian Courts during COVID-19 Crisis
Susan Ilias
The Victorian State Government will make changes to Victoria’s laws so that the State Courts can operate safely during the COVID-19 crisis. The new changes will allow the courts to reduce the person to person contact by implementing the following: electronic filing of documents; more…
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