Blog - Aitken Lawyers

What is an Independent Children’s Lawyer

Posted on September 18, 2018

Many of our clients are unaware that Amy Jenkins is not only a Partner of the firm and the head of the Family Law team but she has also been appointed to the Legal Aid Panel of Independent Children’s Lawyers.   Being an Independent Children’s Lawyer (often called an ICL) requires specialised training which Amy […]

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Insight on Insight – Binding Financial Agreements

Posted on September 17, 2018

If you tuned into the Insight program on Binding Financial Agreements that aired last week you might be left with the same lingering questions and concerns that I have. As a family law solicitor who drafts financial agreements every day I was hoping to see some sensible debate and useful information being provided to the […]

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Welcome to Aitken Lawyers, Melissa speaking…

Posted on September 11, 2018

  “Welcome to Aitken Lawyers, Melissa speaking…”   Many of you will have had the pleasure of speaking with Mel on the phone or being greeted by her friendly face at the office.  But did you know, beneath her fashionable exterior, Mel has a fascination with the criminal mind.  No doubt the product of a […]

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Powers of Attorney – How to prevent your money being stolen…

Posted on September 4, 2018

Enduring Powers of Attorney have been at the centre of much recent media scrutiny.  There are two extremes often cited – one where a person is being chased by the crew of “A Current Affair” for using a Power of Attorney to rip money out of the account of another person, to the other extreme […]

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Shareholders Agreement – Your Legal Relationship Document

Posted on August 28, 2018

When you go into business with other stakeholders you should have a document in place which sets out the legal relationship between you and the other business owners, such as but not limited to a Shareholders Agreement. Most company constitutions, unit trust deeds or even partnership agreements are not suitable and need to be augmented […]

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Purchasing property for others may fall foul of Australia’s foreign investment framework

Posted on August 21, 2018

  Under Australia’s foreign investment framework, Australian citizens, permanent residents, exempt foreign persons, and foreign persons who are eligible for approval may be subject to strict penalties if purchasing a dwelling on behalf of, or for the benefit of, a foreign person (including family members) who has either: not received approval to purchase the dwelling […]

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Could you be in a de facto relationship and not even know it?

Posted on August 14, 2018

The Family Law Act contains provisions which set out the requirements for a de facto relationship by law.  De facto relationship laws in NSW cover a range of family law issues including the division of property, maintenance, financial agreements, and the superannuation of individuals in these relationships.  The provisions of the Family Law Act apply to both heterosexual […]

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SAFE HARBOUR – Protection from Liability for Insolvent Trading

Posted on August 7, 2018

Earlier this year we reported on the reforms to the Corporations Act 2001 (Cth) known as safe harbour, which provides directors with protection from liability for insolvent trading, in circumstances where they have started developing a course of action that is reasonably likely to lead to a better outcome for the company than the appointment of […]

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TOP 10 TIPS FOR DIVORCE – PART 2

Posted on July 31, 2018

There are many misconceptions surrounding Divorce in Australia. Following on from our last blog, here we present part 2 of our 2 part series about the top 10 frequently asked questions about the divorce process through the Australian Court system. 6. Do I have to go to Court? If you and your spouse are making […]

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Have you nominated a superannuation beneficiary? – Be Warned….

Posted on July 24, 2018

On 20 August 2017, the Sydney Daily Telegraph published an article about Daniel Leverton who died suddenly aged just 40 and whose girlfriend of nine months was awarded the bulk of his superannuation. Daniel had two children from a previous relationship. They missed out on receiving most of the superannuation as Daniel had not nominated a  superannuation […]

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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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