Lawyers & Trademark Attorneys
PointonPartners_Logo


Nappy Land, Nappyland, and nappyland.com.au A Dirty Mess for Trade Mark Law

CI JI Family Pty Limited v National Australian Nappies (NAN) Pty Limited [2014] FCA 79 In a recent Federal Court decision, it was found that having a registered trade mark, did not protect the trade mark owner from other legal action, when using its own registered mark. In this case,
Continue Reading →

International Wealth Structuring and Estate Planning

 International Wealth Structuring and Estate Planning  By Robert Gordon[1]   PRÉCIS • Pre planning – income & inheritance tax issues for: • Incoming residents • Outgoing residents • Outgoing investors • Use of companies & trusts in low tax jurisdictions • The problems and chal
Continue Reading →

Legislative changes (reduction of red tape)

The Gambling and Liquor Legislation Amendment (Red Tape Reduction) Act 2014 (‘the Act’) came into effect on 14 May 2014. The amendments which the Act made to the Gambling Regulation Act 2003 and Liquor Control Reform Act 1998 can be summarised as follows: Gambling Regulation Act 2003
Continue Reading →

Taxation Uncertainty on Foreign Private Equity

A recent decision of the Full Federal Court (FC of T v Resource Capital Fund III LP [2014] FCAFC 37 (3 April 2014)) highlights the mismatch between what the ATO will do in litigation seeking to collect tax (in that case, against a Cayman Islands Limited Partnership), as against the vi
Continue Reading →

Do you use a “retention of title” clause in your business terms of trade?

If you do you must (if you are not already doing so) register your security interest in the goods sold on the Personal Property Securities Register (PPSR) or risk losing the goods even though you have not been paid and still own them. In a recent Victorian Supreme Court decision[1] re
Continue Reading →

SME Business Tax Health Check

We often see businesses suffer or not grow to their full potential because the tax health of the business is inadequate. What is the tax health of a business? It is simply the adequacy of the tax structures, policies, procedures and systems that a business has in place. Just like your
Continue Reading →

Adverse Action Decisions Prove Favourable for Employers.

The Federal Court of Australia handed down two judgments in early 2014 where employee applicants unsuccessfully alleged that section 340(1) of the Fair Work Act 2009 (Cth) (‘the Act’) had been breached by their employers. Section 340(1) of the Act prohibits an employer from taking adv
Continue Reading →

Death and taxes, but not all at once!

Uncertainty as to ATO practice with regard to the CGT treatment of testamentary trusts now resolved Background Late last year the Abbott Government announced that it would not be proceeding with a number of tax measures which had been proposed by the former Labor Government. One such
Continue Reading →

Death and taxes, but not all at once!

Uncertainty as to ATO practice with regard to the CGT treatment of testamentary trusts now resolved Background Late last year the Abbott Government announced that it would not be proceeding with a number of tax measures which had been proposed by the former Labor Government. One such
Continue Reading →

Business Succession Planning for Blended Families

Family business succession planning can be complicated enough where the owner has children from only one marriage, let alone where there are several sets of children. It may be that some children are actively involved in the family business and wish to acquire equity, while other chil
Continue Reading →