Aitken Whyte Lawyers

In Queensland, the Uniform Civil Procedure Rule 1999 sets out the general basis for how a court awards costs in civil proceedings. Generally, the losing party will pay the winning party's legal costs, but other situations can occur which prevent that from happening. There are also generally two different types of costs orders awarded including those on the standard basis and those on an indemnity basis. The difference can be significant. Aitken Whyte Lawyers can guide you through your litigation to make sure that you are best placed to obtain an indemnity costs' order, although ultimately, it is a discretionary matter for the court. Read more here. https://lnkd.in/gkXtfxk7

If convicted of a crime in Queensland, you may have the right to appeal the conviction or sentence. Certain grounds are required to be met, such as meeting time limits from the sentence and demonstrating an unreasonable verdict, miscarriage of justice or that the sentence was manifestly excessive. I you have pleaded guilty to an offence, it generally is difficult to appeal a conviction but appealing an excessive sentence is still available. Aitken Whyte Lawyers have a proven track record of successful criminal appeals. Some of our recent appeals are set out on our website. Read more here. https://lnkd.in/gT3qNqYp

Under the Australian Securities and Investments Commission Act 2001 (ASIC Act), conduct in financial services that is deemed unconscionable can lead to actionable legal consequences. The recent Federal Court case against Westpac highlights this, where the bank was fined $1.8 million for engaging in conduct deemed unconscionable. Some of the factors considered as to whether conduct is unconscionable include but are not limited to the strengths of the bargaining positions of each party, whether undue influence or pressure was exerted and the extent the parties acted in good faith. In the Westpac case, the Court emphasized the importance of transparency and fairness in financial dealings, especially when it comes to ensuring clients can make informed decisions. Learn more about how the ASIC Act protects consumers and how Aitken Whyte Lawyers can assist you in understanding or enforcing your rights. Read more here: https://lnkd.in/gBx8gXRg

RIGHT TO DISCONNECT | AITKEN WHYTE LAWYERS Recent changes to the Fair Work Act 2009 (Cth) mean that employees now have the right to disconnect from work, outside of their normal working hours. These changes could promote healthy workplaces, employee’s having a work-life balance, and reduce employee burnout and therefore turnover in Australian businesses. Aitken Whyte Lawyers can assist employers with ensuring compliance with these changes, and employees with understanding their rights and enforcing them where necessary. Contact us now to discuss how we can assist you. https://lnkd.in/gwcd5FAF

A new position has become available at our firm: Litigation & Disputes Resolution Lawyer, 0-2 years PAE. The position will embrace working across multiple practice areas including dispute resolution, commercial litigation, employment law and others. You will have the chance to grow and develop your skills under the mentoring of our Solicitor Director, Senior Associates and Associates. You will take charge and have direct contact with your clients assisting with their legal matters. A rewarding remuneration package and full time employment is being offered for the right candidate. We are looking to find the right person for our team, so if you think that is you, please make contact via the link below.

UNLICENSED BUILDING WORK BY AN UNLICENSED BUILDER | AITKEN WHYTE LAWYERS The QBCC Act precludes unlicensed builders from profiting from work they carry out, and imposes several further restrictions. Aitken Whyte Lawyers recently represented a husband and wife who had engaged companies without any QBCC Licence to supply and install a roof on their new home. Find out more in our article. https://lnkd.in/gS4etruk

FREEZING ORDER | CASE STUDY A freezing order (also referred to as a Mareva injunction) has been described as one of the law’s ‘two nuclear weapons’. An application for such an order is often made without notice to other respondents, that is, on an ex-parte basis. This article discusses ex-parte obligations, with reference to a decision of the Supreme Court where a freezing order obtained on an ex-parte basis was discharged on the next return date. Our firm acted for the successful respondent in having the order discharged.   https://lnkd.in/eBhKdUsf

Recent changes to the Fair Work Act have changed the roles that delegates can play on behalf of employees in workplace matters. Read our latest article to find out more about these changes.   If you or your business is involved in a workplace matter, it is crucial that you obtain timely advice from experienced workplace lawyers. Contact us by email or on our 24/7 enquiries line for a no-obligation discussion. https://lnkd.in/gZ7CKt_M

Congratulations to our team member Jessie Georgiades. She has just been admitted as a solicitor to the Supreme Court of Queensland. We wish Jessie all the best in her career as a solicitor. As a law clerk, Jessie has appeared in Courts, Commissions and Tribunals in both State and Federal jurisdictions. She practices primarily in civil and commercial litigation and dispute resolution. https://lnkd.in/gXpwbfVf

We are looking to expand our team at Aitken Whyte Lawyers. Let us know if you are our next junior litigation lawyer! JUNIOR LITIGATION LAWYER This position will provide a junior lawyer, law graduate, or final year law student with significant, varied, and challenging legal experience to get you on your way in your chosen profession. You will work across a range of practice areas, including in commercial law, dispute resolution, litigation, employment, estates, property, wills and conveyancing. The position will provide the mentoring and direction your experience requires from the Solicitor Director, Senior Associate and Associate. You will work on your own files under relevant supervision and have direct contact with the clients you are working for. The right candidate will have excellent communication, presentation, and time management skills, as the busy nature of the position mandates. While prior experience is highly desirable, candidates who are soon to be admitted and have exceptional talents in the above areas will be considered. A licence is also a core requirement. The position can either start full time or at 2-3 days a week, moving into a full time position by the end of the year. Salary is commensurate with experience. We will offer a rewarding remuneration package to the appropriate candidate. Please send all applications to our Office Manager samantha@aitkenwhyte.com.au