Aitken Lawyers in Sydney, Australia | Lawyer & law firm

Aitken Lawyers

Locality: Sydney, Australia

Phone: +61 2 8987 0000

Address: 75 Elizabeth St 2000 Sydney, NSW, Australia

Website: http://www.aitkenlawyers.com.au

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25.01.2022 Is bird’s nest parenting the answer for divorcing parents? Bird’s nest parenting is one option for parenting during separation and divorce. This concept gives children figurative custody of the family home. Rather than the children going from one parent’s home to another, the children stay put in the family home. https://pos.li/2az6eb

25.01.2022 Aitken Lawyers attended the Inspirational Womens Breakfast this morning supporting Special Olympics Australia at the Queen Victoria Building Tearooms. The event was hosted by Peter Overton with three inspirational guest speakers - Julie Hyam Elliott, Jacinta Price & Catherine Scott. It was an inspiring way to start the day. #inspiration #specialolympics #breakfast #qvbtearooms Andrew Aitken Camille Broadhurst Kate Littlewood Rohan Harris Walter Maccallum

24.01.2022 Aitken Lawyers to Merge With Melbourne-based law firm Russell Kennedy We are very pleased at Aitken Lawyers, to announce that we have agreed to merge with Melbourne-based law firm, Russell Kennedy. Read our announcement here: https://www.aitkenlawyers.com.au/aitken-lawyers-to-merge-w/

24.01.2022 Layt by name, not by nature With over 10 years experience in the legal industry and a diploma in legal services, Natalie is our resident secretary in the commercial team. She is currently studying a Bachelor of Business Management and Finance with a view to getting into business analytics. https://pos.li/2aj8ec

24.01.2022 2018 in Review This year Aitken Lawyers defined who we are and what we want to be. We came up with one core vision and value to provide exceptional client service. We have been determined to provide you with smarter, better, faster service and this can only get better in 2019 with our merger with Russell Kennedy. https://pos.li/2az6g1

23.01.2022 Litigation Funding and the Australian Class Action Regime http://pos.li/2acqt9 Over the past two decades litigation funding has become an increasingly critical component of the class action regime in Australia, so its no surprise that its regulation (or lack thereof) has garnered increasing attention. We recently touched on this issue in an earlier blog, and now seek to expand on the issues raised therein and look at what is currently being done to reform the current state of play.

23.01.2022 Purchasing property for others may fall foul of Australias foreign investment framework http://pos.li/2a7tx4 Under Australias 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 or the interest in the dwelling; or would generally be ineligible to purchase the dwelling or the interest in the dwelling.

23.01.2022 "Welcome to Aitken Lawyers, Melissa Speaking...." http://pos.li/2acqrz 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 love of reading, Mel is currently studying criminology and working towards being a forensic pathologist.

21.01.2022 Thinking of building or renovating? Beware the builder... Most complaints received by the Office of Fair Trading relate to residential building work. In our experience, the majority of the complaints relate to poor workmanship, substandard materials and unfinished work. https://pos.li/2b586p

21.01.2022 Could you be in a de facto relationship and not even know it? http://pos.li/2a7tx1 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 and LGBTQI relationships. Also, The Child Support (Assessment) Act applies to same-sex couples.

20.01.2022 How to Prevent Your Money Being Stolen - Powers of Attorney http://pos.li/2acqrf 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 where the NSW State Government (unlawfully) imposed an insurance style arrangement via a Surety Bond scheme of up to $12,000 per annum on people managing the affairs of persons in order to insure the incapacitated person against the (financial) manager stealing the incapacitated persons funds.

20.01.2022 Let them eat cake Staff Spotlight - Lauren Maddalena Lauren is our resident paralegal in the Family Law Team. We often get asked what exactly is a paralegal? https://pos.li/2ateok

19.01.2022 Buying a Unit? Why Strata Inspections are important? It is extremely important from a due diligence point of view to arrange for an independent strata books and records inspection of the Owners Corporation records to be carried out prior to entering into a Contract to purchase a strata unit (residential or commercial). https://pos.li/2b5tvg

19.01.2022 Amends to the Insolvency Law Reform Act On 1 March 2017 the Insolvency Law Reform Act 2016 (ILRA), came into effect, significantly changing the rights of creditors to access information from Trustees and Liquidators. The Insolvency Law Reform Act amended the Bankruptcy Act 1996 (Cth) and the Corporations Act 2001 (Cth) by adding what have been called the Insolvency Practice Schedules (IPS). https://pos.li/2aj8e6

18.01.2022 Take Note - Capital Gains Tax Changes re Main Residence Buying a home to live in is part of the Australian dream and has historically been supported by the government by allowing any principal place of residence held by an Australian to be capital gains tax (CGT) free. That allowance historically continued for a period of up to six years from the date the property is no longer a persons principal place of residence, provided the person did not claim another property as their principal place of residence. https://pos.li/2aj8e3

18.01.2022 Can you set and forget your estate plan? A well-crafted Estate plan can be flexible enough to work for a number of years. It can be drafted to have one eye on the present and half an eye on the future. But even the best laid plans can be undone by the unforeseeable. So what could prompt you to review your Estate plan? https://pos.li/2aj8dv

18.01.2022 Property Alert Recent amendments to conveyancing legislation in NSW The Conveyancing Legislation Amendment Act 2018 (NSW), assented to on 22 November 2018, introduces a number of changes to the Conveyancing Act 1919 (NSW) (Conveyancing Act) and the Real Property Act 1900 (NSW) that will affect property transactions in NSW. We summarise the main amendments in this article: https://pos.li/2aw1z8

16.01.2022 Government Compulsory Acquisition -ITS NOT STEALING, ITS RETRIEVING..... 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. http://pos.li/2a2p1a

16.01.2022 Choosing the right executor isnt necessarily difficult but in this blog weve put together some tips to make it easier. An executor is a person appointed under a Will to administer the willmakers estate. The willmakers appointment is ratified by a grant of probate from the Supreme Court. The grant of probate gives the executor power to deal with the assets and liabilities of the deceased estate. https://pos.li/2aqy40

13.01.2022 TOP 10 TIPS FOR DIVORCE - PART 2 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. http://pos.li/2a2p43

11.01.2022 Aitken Lawyers hosted a morning tea Fundraising for the Farmers. Please go to https://www.gofundme.com/Aitken-Lawyers-fundraiser/donate to donate now.

10.01.2022 Merger announcement in The Australian today Aitken Lawyers and Melbourne based Russell Kennedy to merge. We are really excited about this opportunity to combine forces with another long established law firm and work with the team at Russell Kennedy. https://www.aitkenlawyers.com.au/the-australian-reports-ai/

10.01.2022 Aitken Lawyers was very fortunate to have Tim England, Dr. Miranda Say and Anne Hunter present today on dementia and capacity. We are proud to be a Dementia Friend and to have gained a better understanding and awareness of living with dementia from the perspective of legal service providers. Should you wish to obtain more information on how to become a Dementia Friend, please do not hesitate to reach out to Tim England or Camille Broadhurst of our office. #awareness #dementia

10.01.2022 We are VERY PLEASED to announce that we raised $2200 for the farmers in Glen Innes, Inverell, Ben Lomond, Guyra, Gunnedah and Griffith. We have arranged for four $150 fuel vouchers and four $100 fuel vouchers to be raffled off at the Guyra Mens Health Night on 19 October 2018. We have also arranged for twenty four $50 fuel and IGA vouchers to be distributed via the Rural Resilience Program to farmers in need in the Griffith and Gunnedah regions. We hope that rallying behind these community initiatives may spread enough hope and courage to those who find themselves in their darkest hour. Thank you so much for your donation.

09.01.2022 We are fundraising for the farmers. Please help us by donating on our Go Fund Me Campaign. https://www.gofundme.com/aitken-lawyers-fundraiser

09.01.2022 Dont be Casual about Casuals In a previous article, I discussed the various traps and pitfalls for employers who are not fully aware of what exactly is a casual employee. A recent case in the Full Federal Court of Australia has further complicated the issue. https://pos.li/2atenn

09.01.2022 How to get the most out of your Family Law Representation Family Law Representation can be complicated enough without back and forth communication with your lawyer. You are entitled to high standards of legal advice and your solicitor must act in accordance with a range of legal duties to achieve the best possible outcome for your case. At the same time, a successful solicitor/client relationship requires cooperation on both sides. https://pos.li/2aj8e9

08.01.2022 Community Forum DEMENTIA 27th August, (7.00-8.30pm) https://pos.li/2a7u0u Public forum in Pymble, the aim of this community forum is to create a local Dementia Alliance. This is an opportunity to lend your voice to create genuine change in local communities and improve the lives of those living with dementia and their families. Hosted by the Rotary Club of St Ives, this public meeting will examine the impacts of dementia upon the local community and discuss the need for Dementia-Friendly Communities. You learn more about dementia and caring for people with Dementia from speakers who are experts in their fields, including Camille Broadhurst from the Aitken Lawyers Estate Planning Team.

07.01.2022 Shareholders Agreement Your Legal Relationship Document http://pos.li/2a7txc 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. What you should include...

06.01.2022 Have you nominated a superannuation beneficiary? - Be Warned.... 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 beneficiary. http://pos.li/2a2p2x

06.01.2022 What is an Independent Childrens Lawyer and when are they required? The conflict that can arise between parents when they are going through a family law separation can often reach levels that inhibit one or both parents from focusing on what is in the interests of their child. Additionally, there are often complex issues that need to be addressed such as allegations of family violence, abuse or neglect, mental health considerations or perhaps the child is of an age where their view would be considered by the Court. In these circumstances, an Independent Childrens Lawyer would be appointed. http://pos.li/2acqsp

05.01.2022 What is involved in acting as an executor? So your loved one or friend has passed away and you have just found out that you are appointed their executor. You have no idea what that means and what the role entails. Here is what you need to know about being an executor. https://pos.li/2atp54

04.01.2022 Recent amendments to the Child Support (Assessment) Act are retrospective On 1 July 2018, amendments to the Child Support (Assessment) Act 1989 were made via the enactment of the Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018. Among those were a series of changes affecting Binding Child Support Agreements. https://pos.li/2aneao

03.01.2022 Is birds nest parenting the answer for divorcing parents? Birds nest parenting is one option for parenting during separation and divorce. This concept gives children figurative custody of the family home. Rather than the children going from one parents home to another, the children stay put in the family home. https://pos.li/2az6eb

02.01.2022 SAFE HARBOUR PROTECTION FROM LIABILITY FOR INSOLVENT TRADING http://www.aitkenlawyers.com.au/insolvent-trading/ 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 a voluntary administrator or liquidator.

02.01.2022 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 general public. Unfortunately that is not at all what I saw. What I did see was a number of lawyers attempting to big note themselves, even those lawyers who no longer draft these agreements, and a general feel that these agreements need to be an aggressive process that is lawyer driven.

01.01.2022 Be Wary if you are borrowing money from an overseas lender to purchase an investment property which is not in the usual business of lending money. http://pos.li/2acqsx If you are an Australian an Australian citizen and resident of Australia for tax purposes and you are purchasing an investment property (which is not a new dwelling) and are borrowing a substantial proportion of the purchase price from a foreign entity or foreign source which is not ADI (i.e. authorised deposittaking institution) or a subsidiary of an ADI, you may have issues with the Foreign Investment Review Board (FIRB).

01.01.2022 If you, or a friend or relative, have been diagnosed with dementia, you may be feeling anxious or confused. You may not know what dementia is. This factsheet should help answer some of your questions about dementia, including what causes it and how it is diagnosed. https://pos.li/2agpsf