Blog - Aitken Lawyers

What makes a Will legal?

Posted on February 20, 2018

You may have heard the saying “Where there is a Will, there is a way, a relative, a lawyer and possibly a Court house”! But really what makes a Will legal? The Will we are referring to here is the one which comes into effect when you pass away and captures who you appoint as […]

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Directors Facing Insolvency – What is Safe Harbour?

Posted on February 11, 2018

In September 2017, a major reform to Australia’s insolvency laws known as the “safe harbour provisions” was passed and came in to operation. For directors facing insolvency or considering their options, it is important to understand What Is Safe Harbour? Prior to the change in law, a company director could be held personally liable for […]

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Valentine’s Day…OR….Divorce Day?

Posted on February 6, 2018

Believe it or not the period around Valentine’s Day can be a busy a time for a Family Lawyer.  It’s a fact that divorce enquiries increase in January and February.  Some feel it’s because we contemplate the health of our relationships or our marriage over the holidays, and often our new year’s resolution is to […]

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Checklist for Selling a House

Posted on January 30, 2018

You make be questioning if you really need a solicitor to sell your home. Often our home is our most important asset and a solicitor is trained and experienced to ensure the sale goes the way that it is intended. At Aitken Lawyers we have 40 years experience selling homes and to make life a […]

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Making a will – What can I give away?

Posted on January 23, 2018

Making a Will – What can I give away? Well, the law says that a person may dispose of by Will any property to which the person is entitled to at the time of the person’s death.  “Property” is now used instead of real estate and personal estate.  It is defined by law as “any […]

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Are you up to speed with the new strata legislation?

Posted on January 16, 2018

Strata Legislation The Strata Schemes Management Act 2015 and the Strata Schemes (Freehold Development) Act 2015 are applicable in New South Wales. These acts commenced on 1st July 2017. The Strata Schemes Act 2014 replaced the Strata Schemes Management Act 1994 and brought in a number of changes which are: A limit to the number […]

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“I only want a simple Will…” But is it really simple?

Posted on January 9, 2018

“I only want a simple will…” This is something that we often hear from our clients when they come in to see us to help them make their Wills. What we know for sure and, what the clients end up realising after discussing their personal and financial situation and wishes as to who they wish […]

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What can you do when your partnership agreement goes sour?

Posted on January 2, 2018

Commonly parties to a partnership will enter into a Partnership Agreement at the commencement of their dealings to define the legal relationship between them which will act to control the conduct of the partners in conducting their business. However, what happens when your partnership agreement does not cover termination? Or, what if you never entered […]

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Solar farms and wind farms are really hot right now!

Posted on December 26, 2017

For quite some years now we have helped many landowners across a number of different states in their negotiations with developers and their documentation regarding solar farms and wind farms. Although this technology has been in place in Europe and other countries for some years, in some ways it is still relatively new in Australia […]

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Swimming Pool Compliance in NSW – Are you safe this Summer?

Posted on December 19, 2017

Swimming pool compliance is something to take seriously especially with the Summer upon us. All pools and spas in NSW now must be registered on the NSW Government’s Swimming Pool Register.   Registration requires owners to self-assess and state in the register to the best of their knowledge, whether or not their pool and/or spa […]

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Executor of a Will What to do next?

Posted on December 5, 2017

You’ve been made executor of a will what to do next? Unless you have already been an Executor and administered an estate, then you may not have any idea about what an Executor is required to do. A person who has been appointed as an Executor in a Will is responsible for administering the estate […]

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Who Can Receive My Super

Posted on October 6, 2017

You can’t nominate any home for stray cats in your Binding Death Nomination.   You can only nominate a beneficiary of your super to your spouse or de facto, child or someone who financially depends on you or with whom you are in an interdependency relationship with.  This is a fancy umbrella term for people […]

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Challenging a Will

Posted on September 15, 2017

Being of unsound mind, memory and understanding may prevent a person from making a valid Will and such Will may be challenged on the basis of a “lack of testamentary capacity”. If the challenger can establish doubt that the person was of sound mind, memory and understanding when signing the Will or at the time […]

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Compulsory acquisition of a business

Posted on August 31, 2017

  Compulsory acquisition of a business has gained recent media attention due to the rapid development of Sydney for the construction of the Sydney Metro, the new Prince of Wales Hospital in Randwick and roadworks including WestConnex and Badgerys Creek. While there is an Act that requires the Government to pay “just compensation” where property […]

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Have you got a shareholders’ agreement in place?

Posted on August 10, 2017

Have you got a shareholders’ agreement in place? The case of Peter Allan Roy Exton and P & K Exton Pty Ltd trustee for Peter Exton Trust v Extons Pty Ltd (ACN 005 916 192) & Others [2017] VSC 14 illustrates the necessity for a well thought out shareholder agreement to avoid protracted and expensive […]

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Super Health Check

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  Our top four tips to keep your super healthy: Our top four tips to keep your super healthy: 1. Find your forgotten super. Have you moved jobs once or three times and left a trail of super in various funds? The Australian Tax Office has a free online search tool called SuperSeeker. When you […]

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I am now divorced, can my previous partner come after my assets?

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I am now divorced, can my previous partner come after my assets? It is a common view shared by many people that once parties are divorced their ex-partner can no longer ask for a property settlement. This is incorrect. Once parties are separated they are able to enter into negotiations for a property settlement and/or […]

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Posted on July 18, 2017

Recently, a five member Full Bench of the Fair Work Commission handed down its long-awaited review of casual and part-time employees. Now, casuals covered by 88 Awards will be able to demand conversion to permanent full-time or part-time employment, after they have been employed as a casual for 12 months. There has been a lot […]

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Posted on July 17, 2017

From 20 May 2017 the definition of “PPS Lease” under the Personal Property and Securities Act 2009 (Cth) has changed from 1 year to 2 years. Previously, a “PPS Lease” meant a lease or bailment of goods: (a) of more than one year; or (b) an indefinite term; or (c) For a term of up […]

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Tenants leasing rentals on Airbnb. What are the landlords rights?

Posted on July 6, 2017

Tenants leasing rentals on Airbnb. What are the landlords rights? Landlords should be aware that residential tenants may be subletting their property on Airbnb. Aitken Lawyers surveyed 20 properties that were listed in Airbnb in Sydney where there was a high incidence of rental accommodation, finding that 14 of those were listed in as […]

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