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The Devil is in the Detail – Owners Corporation Debt Recovery

Sam Merrylees

Deb Andronaco

A common, but often fatal (and easily avoidable) mistake for Owners Corporations undertaking debt recovery is the form of their fee notices and final fee notices issued to lot owners. Whilst on face value it may seem like a trivial matter, ensuring that fee notices…
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Escaping Violence Payments

Georgia Agar

The Federal Government has recognised the increase in domestic and family violence resulting from the COVID-19 pandemic. As of 19 October, 2021, women and children leaving a violent relationship will have access to up to $5,000 under a new trial scheme. Domestic violence can be…
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Director Identification Numbers fast approaching

John McCombe

On 5 October 2021, the Corporations (Director Identification Numbers – Transitional Application Period) Instrument 2021 specifying the deadlines for certain existing and future directors to apply for a Director Identification Number (DIN) was registered. This has broad-ranging implications for company directors, with different time frames…
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Break in Case of (Special Resolution) Emergency – Lot Owner Derivative Actions

Deb Andronaco

Chris Camillin

Paolo Tatti

Sam Merrylees

Aitken Partners’ Owners Corporations Team, who regularly act for lot owners and committees in various Owners Corporation matters, are noticing a recurring issue for clients when the Owners Corporation fail to bring legal actions, particularly when the Owners Corporation is controlled by the Developer or…
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Businesses Claim ‘We Didn’t Even Shoot The Sheriff’ | HCA Holds in Recent Defamation Decision that it Does Not Matter

Paolo Tatti

Thomas Carroll

A recent High Court decision makes business owners responsible for defamatory material published by third parties on their social media pages when engaging with their content. If your business operates a Facebook, Instagram, LinkedIn, Tiktok or anything else, you need to seriously consider monitoring your…
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Turn and Face the Strange | Changes to Defamation Law in Victoria

Paolo Tatti

Thomas Carroll

As of 1 July 2021, Stage 1 of the Model Defamation Amendment Provisions commenced in Victoria. So, what exactly has changed? Well, a fair bit actually. These reforms are the result of extensive public consultation to strike a better balance between protecting plaintiffs and freedom…
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Deadline on Turning casual employees permananent

Stephen Curtain

Employers who are not small business employers have until today to assess whether their casual employees who were employed before 27 March are eligible to be offered permanent employment. If so, they must: make a written offer to convert their casual employment to permanent employment…
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You’ve won the lottery… what does it mean for family law?

Phoebe Smillie

You might have heard that recently a Melbourne man who lost his job during one of Victoria’s COVID-19 lockdowns won an $80 million Powerball jackpot. The Melbourne man had been working as a cleaner to support his family since he lost his job and says…
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Building Business Resilience in a COVID World (Webinar Recording)

Alex Nicol

[embedyt] https://www.youtube.com/watch?v=h5sYIvltlKg[/embedyt] In this Webinar, as part of our Business Law Breakfast Series, our panel explores how heightened business resilience can help your business power through the issues of today with an eye on the future. Our panel takes a look at both transformational change…
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Changes to the Federal Circuit and Family Court of Australia – what it means for Trustees in Bankruptcy

Thomas Carroll

Understandably the discussion around the changes to the Family Court and Federal Circuit Courts have centred around how it will affect family law proceedings and practitioners. After all, the change is being hailed as the single greatest change to the resolution of the Australian family…
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Victoria Police allows a free pass to flee domestic violence

Victoria Police has recently advised that parents or children who feel like they are at risk of domestic violence can leave their home at any time during a pandemic lockdown, or during a curfew, without any consequences from police for breaching COVID rules. This move…
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Melbourne Airport Rail Link Update

Rail Projects Victoria (“the Authority”) has now commenced contacting landowners, tenants and business owners who are likely to be affected by the Melbourne Airport Rail Link (“the Project”). Within the Authority’s correspondence, representatives of the Authority are offering to meet with anyone who is likely…
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Ownership change at Aitken Partners

Andrew Clarke

Melbourne based law firm Aitken Partners is undergoing an ownership change that reshapes its future as it pushes towards its 100th anniversary. The new ownership is entirely from within and comprises 5 new Principals across the spectrum of the firm’s practice areas. The new Principals…
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The Liquidator and the Financier – Who gets the Ferrari?

Paolo Tatti

Aitken Partners is proud to have been involved in a win for liquidators Richard Rohrt and Stephen Dixon in the Federal Court of Australia. In May 2020, a Warrant under section 530C of the Corporations Act 2001 was successfully obtained on behalf of the liquidators.…
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Recent Guidance on the Practicalities of Mothership Proceedings

Alex Nicol

Sam Merrylees

Last year, we wrote an article about The Benefits of Boarding the Mothership which involve a plaintiff, generally a liquidator, issuing a single proceeding in respect of multiple claims against multiple defendants, such as unfair preference claims. At the time of writing that article, there was…
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