Management of Kindergartens – Navigating a legal minefield

Kindergartens in Victoria have to comply with a myriad of legislative obligations which can seem a minefield for the unsuspecting parent volunteer who finds themselves on a Committee of Management. Pointon Partners works with Kindergartens, Early Years Managers (formerly known as cluster managers) and education professionals and can guide understanding [...]

2018-08-24T16:47:03+10:00November 28th, 2017|Categories: Commercial, Employment Law|Tags: |

2017 LIV Fun Run

Each year, hundreds of legal professionals and law students gather in Melbourne and take to the LIV track. This year our own Michael Bishop won the 8km run. We are very proud of his achievement and congratulate him on the win. Authors [...]

2018-08-28T14:59:34+10:00November 28th, 2017|Categories: Uncategorized|Tags: |

Employee/Contractor Checklist

The classification of workers as employees or contractors at common law is a continuing conundrum in various areas, including PAYG withholding, superannuation guarantee, payroll tax and general employment law. Many working arrangements are not black and white, and it is necessary to examine them closely to identify the factors indicating an [...]

2018-08-28T15:04:46+10:00November 21st, 2017|Categories: Employment Law|Tags: , |

Consumer watchdog on the hunt for unfair terms in B2B contracts

The recent decision by the Federal Court of Australia (FCA) in ACCC v JJ Richards & Sons Pty Ltd[1] is expected to empower small businesses to negotiate terms of standard form contracts.  It also serves as a timely reminder for large businesses to review their standard form contracts and practices.The Australian [...]

2018-08-28T15:13:10+10:00November 2nd, 2017|Categories: Commercial, Litigation|Tags: |

Potential liability of franchisors and holding companies for breach of workplace laws – Vulnerable workers legislation commences

Extended liability for franchisors and holding companies Recently, the Fair Work Act has undergone a number of amendments as a result of the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017. Importantly, the amendment introduced new accessorial liability provisions that will apply from the 27 October 2017.[1] The new provisions [...]

2018-08-28T15:15:56+10:00November 1st, 2017|Categories: Commercial, Employment Law|Tags: |

Vacant Residential Land Tax – Do you need to notify the State Revenue Office?

The lack of housing supply in inner and middle Melbourne has become a major issue for residents and the State Government. In response, the Victorian State Government has sought to free up further housing by introducing a new Vacant Residential Land Tax on residential properties that remain vacant for more [...]

2020-09-03T15:20:38+10:00October 25th, 2017|Categories: Taxation|Tags: , , |

Ipso Facto Amendments: Do they apply to existing contracts?

The Government says the amendments apply only to contracts entered into after commencement. But what does the Bill say? The proposed Ipso Facto amendments[1] impose a stay on the enforcement of contractual rights arising by reason of: (a)        an application or entry into a compromise or arrangement under Part 5.1; [...]

2018-08-28T15:19:32+10:00October 11th, 2017|Categories: Insolvency|Tags: |

Crowd-sourced funding for proprietary companies: Differences between exposure draft and bill

The Corporations Amendment (Crowd-sourced Funding for Proprietary Companies) Bill 2017 (Bill) has now been introduced into Parliament. The Bill “sets out amendments to the Corporations Act 2001 (Corporations Act) to enable proprietary companies in Australia to access crowd-sourced equity funding”.[1] Prior to the introduction of the Bill into Parliament, the [...]

2018-08-28T15:23:54+10:00October 9th, 2017|Categories: Commercial|Tags: , |

Small business corporate tax rate: Exposure draft legislation released regarding passive income threshold

In our recent article entitled “Corporate Tax Cuts. What do they mean for you?”, we referred to the relevant minister (Kelly O’Dwyer) questioning the ATO provisional interpretation of when a company would be “carrying on business” for the purpose of the reduction in the small business corporate tax rate. The [...]

2018-08-28T15:29:02+10:00October 9th, 2017|Categories: Taxation|Tags: , |
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