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So far Pointon Partners has created 215 blog entries.

How the Court assesses competing applications for substitution in winding up applications

Pointon Partners regularly appears for creditors at winding up applications in the Supreme Court of Victoria. Creditors owed debts by companies subject to winding up proceedings commenced by others may appear at such hearings as ‘supporting creditors’. Commonly, a company attempting to stave off being wound up, will source funds [...]

2018-08-31T11:00:01+00:00July 16th, 2018|Categories: Insolvency|Tags: , |

Telco’s go head to head in advertising tussle: Telstra Corporation Ltd v Singtel Optus Ltd [2018] VSC 247

Pointon Partners are regularly asked to advise clients as to their prospects of obtaining an urgent interlocutory injunction. Common examples include: preventing a competitor from publishing misleading advertising material; preventing former employees or contractors from disclosing sensitive confidential information to competitors or to the market at large; and preventing disgruntled [...]

2018-08-23T18:44:51+00:00July 4th, 2018|Categories: Litigation|Tags: , |

Do you need to comply with Europe’s General Data Protection Regulation?

On 25 May 2018 the new European Union General Protection Regulation (the GDPR) came into force.  The GDPR regulates the handling of personal data by “controllers” and “processors”, irrespective of whether the controller or processor was established in the EU. Australian businesses, individuals, public authorities, agencies or other bodies may [...]

2018-08-23T15:23:20+00:00June 12th, 2018|Categories: Commercial|Tags: , |

Victoria’s real estate industry thrown into chaos after Court denies estate agent’s right to receive commission – Floodgates open for claims by vendors/developers seeking to recover commission paid

A recent decision of the Victorian Court of Appeal in Advisory Services Pty Ltd (trading as Ray White St. Albans) v Augustin & Anor [2018] VSCA 95 (Advisory Services) is sure to strike fear in the heart of estate agents, particularly those acting for developers. The decision of Victoria’s highest [...]

2018-08-23T15:24:55+00:00May 31st, 2018|Categories: Property|Tags: , |

Transfers of land in a partnership in Victoria – Court confirms non dutiable – Refund possibilities if act promptly

The rights of a partner in a partnership have been highlighted  again by the Court of Appeal of Victoria in a judgement handed down in December 2017 (Commissioner of State Revenue v Danvest Pty Ltd BC 201711304). The case involved one of the partners buying out two other partners. The partnership [...]

2018-08-23T15:28:38+00:00May 29th, 2018|Categories: Taxation|Tags: |

Suppliers and lenders take note – Ensure that personal guarantees have been drafted and executed properly before advancing credit to customers

The recent case of FJ & SM Monaghan Pty Ltd v Slade [2018] NSWCA 79 has reiterated the importance of suppliers and lenders obtaining personal guarantees that have been carefully drafted in order to enforce them. The importance of properly drafted guarantees Although judgement was eventually awarded against the guarantors, [...]

2018-08-23T15:30:01+00:00May 16th, 2018|Categories: Commercial|Tags: , |

Don’t get caught out – Be aware of what constitutes a “terms contract” when selling an interest in land

When parties negotiate settlement terms of a contract of sale of real estate, particularly when it is a long term settlement, they can inadvertently structure the terms of the transaction in a way where the contract is deemed to be a ‘terms contract’ under the Sale of Land Act 1962 (the Act). This can have [...]

2018-08-23T15:25:16+00:00May 9th, 2018|Categories: Property|Tags: , , |