Blog - Aitken Lawyers

Government Compulsory Acquisition -IT’S NOT STEALING, IT’S RETRIEVING…..

Posted on July 17, 2018

Recent decision has cast serious doubt over the legitimacy of the NSW State Government compulsory acquisition process. A scary thought, being told to up and leave your home or business because the government wants your land to build public infrastructure. This has unfortunately been a reality for many home and business owners in New South […]

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IPSO FACTO REFORMS – Are your contracts affected?

Posted on July 10, 2018

On 1 July 2018 further reforms to the Corporations Act 2001 (Cth) known as the Ipso Facto Reforms came into effect, impacting a broad range of contracts entered into on or after that date. In light of the changes, businesses of all types and industries need to familiarise themselves with the new reforms and consider […]

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Employers Take Note – Employment Key Changes from 1 July 2018

Posted on July 3, 2018

      In line with the regular annual reviews and changes, there are some key changes to workplace entitlements and laws, effective from 1 July 2018.  They are:     Minimum wage increased Effective in the first full pay period after 1 July 2018, minimum rates of pay for adults who are full-time employees covered by […]

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Do you wish to leave a gift in your will?

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Many people wish to leave a gift when making a will to give to certain people or organisations such as charities.  If you wish to leave a gift in your will, here are some things to consider. For example a gift could be items of jewellery, clothing and articles of personal use and adornment, a […]

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The top 10 frequently asked questions about divorce

Posted on June 26, 2018

    There are many misconceptions surrounding Divorce in Australia. In this two part blog series we take a look at the top 10 frequently asked questions about divorce in the Australian Court system.   What is a Divorce? A divorce is the legal dissolution of a marriage between two people.  Without a divorce you […]

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What happens to your pet if you pass away?

Posted on June 19, 2018

Our dogs and cats, and sometimes more exotic creatures, make up the estimated 38 million pets in Australia and their care and future ought to be considered when drafting your Will. You need to consider what happens to your pet if you pass away. Pets are classified by Australian law as personal property, so can […]

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Australia’s Class Action Regime – should we be heading for the lifeboats?

Posted on June 12, 2018

Australia’s well developed and liberal class action regime has increasingly seen more litigation funders, particularly from overseas, entering the market in pursuit of profits.  While it is certainly true that litigation funding of class actions has increased access to justice in expensive and complex litigation and brought commercial gains for claimants, the influx of international […]

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WHEN SOMEONE IS LACKING FINANCIAL CAPACITY, WHAT DOES IT MEAN?

Posted on June 5, 2018

Whether we have “all our marbles” at the end of life’s journey is a question for the crystal ball.  However, as our life expectancy increases in parallel with the number of cases of dementia diagnosed each year, it may be better to plan for a “hole in the bag”. But what does it really mean in […]

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Celebrating World Parent Day – How you can be the best parent even if you are not around

Posted on June 1, 2018

  Being a parent is like becoming a mind reading, lie detecting, poker playing FBI negotiator whose children often confuse with eight armed genies wearing invincibility cloaks.  World Parent Day recognises these vital roles parents play in raising children in a loving, safe and understanding environment.  If something happened to you prematurely and you were […]

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BUYERS OF NEW HOMES TO PAY GST TO ATO

Posted on May 29, 2018

BUYERS OF NEW HOMES TO PAY GST TO ATO The Treasury Laws Amendment (2018 Measures No.1) Bill is due to commence on 1 July 2018 which provides Purchasers of new residential premises or long term Leases of those premises from Developers will be required to deduct GST from the settlement monies when settling the purchase […]

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DIRECTORS – IS YOUR FINANCIAL LITERACY GOOD ENOUGH?

Posted on May 22, 2018

The obligations on directors and officers to exercise due care, skill and diligence in the performance of their duties lies at the heart of the regulatory scheme of corporate governance.  Indeed over the past two decades there have been a number of decisions in Australia where the courts have assessed and commented on the adequacy […]

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HOW DOES THE REFORM OF THE MARRIAGE ACT BENEFIT ME?

Posted on May 15, 2018

On 9 December 2017, the Marriage Act 1961 (Cth) was amended to redefine “marriage” as the ‘union of 2 people to the exclusion of all others, voluntarily entered into for life’. Apart from the fact that same-sex couples are now treated as equal citizens when it comes to marriage, there are several other far-reaching important […]

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HAPPY MOTHER’S DAY

Posted on May 13, 2018

For recently divorced or separated mums Mother’s Day might be an upsetting reminder that family life has undergone substantial upheaval and change. Whenever and wherever it is celebrated across the globe, the day is important to celebrate and cherish the women who raised us. This is something we champion at Aitken Lawyers where we advocate that […]

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CAN YOU GET YOUR MONEY BACK? – ON DEMAND LOAN

Posted on May 8, 2018

The limitation period for bringing an action for breach of a simple contract is six years from the date of breach. This is where you have a loan agreement in place specifying what the term of the loan is so the breach may occur when the money was supposed to be paid back. If it […]

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THE SIMPLE GUIDE TO GETTING A DIVORCE DECREE

Posted on May 1, 2018

The Australian divorce system is regulated by the Family Law Act. The Act provides that married couples may apply to the Federal Circuit Court of Australia for a divorce decree if the marriage has irretrievably broken down. To meet this requirement, a court needs to be satisfied that: The parties to the marriage have lived separately and […]

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WARNING – ATO AND AIRBNB SHARING DATA – BE AWARE OF THE IMPLICATIONS

Posted on April 24, 2018

Australians have embraced the sharing economy with gusto and nowhere can that be seen more clearly than the rise of Airbnb. In Sydney alone there are over 38,000 listings on the website. But using Airbnb or Stayz to rent out part or all of your home as a home owner you may be unwittingly opening […]

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WHAT DETERMINES A CASUAL EMPLOYEE? CASUAL JUST AWARDED 15 YEARS OF LEAVE

Posted on April 17, 2018

In a recent case decided by the Federal Circuit Court of Australia this year, the Court determined that an employee who was purportedly employed as a casual employee was in fact permanent and was owed payment of 15 years’ worth of annual leave payments.  The case is a salient reminder to employers to ensure that […]

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ACCC Crackdown on Unfair Contract Terms – Are Your Contracts Fair?

Posted on April 10, 2018

The Australian Competition and Consumer Commission (ACCC) has commenced its crack down on unfair contract terms with small businesses. Following its recent success against JJ Richards & Sons Pty Ltd, the ACCC is now pursuing Ashley & Martin and Servcorp with court proceedings alleging unfair terms in their standard-form contracts – could you be next? “Unfair […]

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Rainbow Families & The Family Law System – Share Your Experience

Posted on April 3, 2018

The first independent, comprehensive review of the family law system since the introduction of the Family Law Act in 1975 The Australian Law Reform Commission (“ALRC”) has launched a review of the family law system that will include issues relating to rainbow families. The ALRC is keen to hear from people who have recent experiences within the family […]

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Challenging a Will on the grounds of Incapacity

Posted on March 27, 2018

According to Alzheimer’s Australia, dementia is the greatest cause of disability in Australians aged 65 years or older.  Currently, around 244 people are diagnosed with dementia each day and this figure is exponentially rising.  However, having dementia or any other mental disability does not necessarily mean a person cannot make a Will or did not […]

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