Blog - Aitken Lawyers

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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Property settlement after separation – does that mean I’m now safe?

Posted on March 20, 2018

When parties’ relationship ends and they separate, more often than not, a property settlement is a live issue. But having a property settlement after separation does not mean that your assets are protected. Irrespective of whose name the assets and/or liabilities are in, it is advisable to obtain advice in relation to your entitlements as […]

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AITKEN LAWYERS CELEBRATES INTERNATIONAL WOMEN’S DAY

Posted on March 8, 2018

We are equal, we are unique and we are capable            I was given the opportunity to join members of our firm at the aptly titled, “Inspirational Women’s Breakfast”, organised by dvtGroup and hosted by Special Olympics Australia Ambassador, Mr Peter Overton on 7 March 2018 at the beautiful QVB Tea […]

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Proposed change to GST for property developers

Posted on March 6, 2018

The Federal Government is planning to bring into effect on 1 July 2018 the terms of a Bill which is currently before Federal Parliament (Treasury Laws Amendment (2018 Measurements No. 1)) (Bill). The bill centres around a proposed change to GST for property developers, making purchasers the collectors of GST on development sites. The Bill […]

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The New Australian Marriage Law – Not just a simple change after all.

Posted on February 27, 2018

On 9 September 2017, legislation was passed in Australia legalising same-sex marriage for hundreds of Australians around the country. Whilst much of the debate surrounding the rights of same-sex couples has centred on the ‘right to marry’, there has been very little media coverage on the full ambit of reforms to the same-sex marriage laws. So […]

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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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