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The benefits of settlement offers in VCAT proceedings
Litigation
The general rule under s 109(1) of the Victorian Civil and Administrative Tribunal Act 1998 (“the Act”) is that each party bears its own costs as the Victorian Civil and Administrative Tribunal (“VCAT”) is a no costs jurisdiction. However, pursuant to s 109(2) and (3) of the…
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Guarantor gets reprieve
Litigation
A landmark decision in the Supreme Court of Victoria on 9 April 2014 demonstrated that banks do not always have it their own way when recovering from guarantors. In Perpetual Nominees Ltd v McGoldrick and Ors, McGoldrick sought to defend the claim brought against him under a guarantee…
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How to enforce a judgment debt owed by a trade union
Litigation
There are few things more satisfying in litigation than obtaining a judgment in your favour — and few things more disappointing than finding one’s polite requests for payment of the judgment sum ignored. The law provides various means of enforcing judgments, some of the most…
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Facing a claim from Mr Tweed’s Direct Share Purchasing Corporation
Litigation
We have acted for numerous clients in defending claims brought by notorious share market raider David Tweed through his company Direct Share Purchasing Corporation and have achieved satisfactory outcomes in all instances. Mr Tweed’s modus operandii was to require companies to provide a list of…
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Telephone Bundling Scams
Litigation
In recent times Aitken Partners has been approached by a number of small businesses which have entered into agreements with telecommunications providers on terms which they have later found to be unfair and unworkable. The businesses have typically been approached by a sales person with…
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Beating the banks
Litigation
We recently acted on behalf of a private client who was sued by one of the big four banks in the County Court for early termination fees after the bank terminated bill facilities following our client placing their company in voluntary administration. Despite the bank…
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Defending claims brought by David Tweed of Direct Share Purchasing Corporation
Business Law, Litigation,
We are currently acting to defend a client who is being sued by notorious share market raider David Tweed through his company Direct Share Purchasing Corporation. Mr Tweed’s modus operandii is to require company’s to provide a list of their share registry, which under present…
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Triangle Wars the movie – strikes back
Litigation, Property Disputes,
After years of battling on the streets and in the Victorian Civil & Administrative Tribunal, our client unChain St Kilda successfully achieved its goal and the goal of many St Kilda residents in preventing the proposed redevelopment of the St Kilda Triangle. Triangle Wars, the movie,…
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Bar raised for directors’ duties
Litigation
Justice Middleton in his Federal Court judgment found that eight directors of the Centro group had breached their duties as directors by failing to notice multi-billion dollar accounting errors. The 2006/2007 financial statements approved by the directors contained significant errors, including the incorrect classification of…
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New movie highlights the St Kilda Triangle dispute
Litigation, Property Disputes,
After years of battling on the streets and in the Victorian Civil & Administrative Tribunal, our client unChain St Kilda successfully achieved its goal and the goal of many St Kilda residents in preventing the proposed redevelopment of the St Kilda Triangle. A movie now showing…
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Triangle Wars- The movie
Litigation, Property Disputes,
After years of battling on the streets and in the Victorian Civil & Administrative Tribunal, our client unChain St Kilda successfully achieved its goal and the goal of many St Kilda residents in preventing the proposed redevelopment of the St Kilda Triangle. A movie was screened…
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PAOs and Compulsory Acquisitions – What should a Landowner or Tenant do?
Compulsory Acquisition, Litigation, Property Law,
Both tenants and land owners have rights under the legislation relating to compulsory acquisitions and planning overlays. It is imperative that you engage lawyers and consultants experienced in the compulsory acquisition and planning overlay process to assist you in obtaining appropriate compensation. These processes are covered by…
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High Court says Wine and Beer are the Same Thing (well, almost . . .)
Litigation, Trade Marks,
Trade marks are registered so as to apply to specified goods and services. In Australia, as in most countries, the goods and services are arranged into 45 classes (the Nice Classification). In general, the classes group together similar goods and similar services. Therefore, if you…
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ASIC cracks down on Credit Providers : THE NATIONAL CREDIT CODE
Litigation
On 1 July 2010, the National Credit Code (“the Credit Code”) came into force, replacing the consumer credit codes of the States and Territories. ASIC has responsibility for the administration of the Credit Code. Under the new regime, a person who engages in a “credit…
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A recent unreported case in the County Court highlights the need to keep business and friendship separate.
Litigation
In this case a concreter, whose company had a credit line with a supplier, was asked by a friend for permission to use his account to obtain a concrete on credit for his jobs. The concreter accepted the request and the arrangement was a casual…
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