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So far Pointon Partners has created 12 blog entries.

Changes to Long Service Leave Legislation – What you need to know

On 1 November 2018 changes to Victoria’s long service leave laws came into effect. The changes seek to provide further rights to employees and further responsibilities on employers. In essence, the amendments comprised of the following changes, which benefit Employees: Employees are now being able to apply to take their [...]

2018-11-12T17:13:18+00:00November 12th, 2018|Categories: Employment Law|Tags: , , |

Liquidators given Court’s approval to compromise judgment debts

In the recent decision of Sheahan, in the matter of BCI Finances Pty Limited (in liq) [2018] FCA 1499, Justice White of the Federal Court approved the entry by liquidators into an agreement compromising the debts owed to companies to which they were appointed. The case serves as a useful [...]

2018-11-13T10:23:34+00:00November 12th, 2018|Categories: Insolvency|Tags: , , |

Acquisition of part interests in Pharmacies

Pointon Partners has handled the sale and purchase of dozens of pharmacies over the last fifteen years. We have considerable experience in acting for vendors of pharmacies as well as purchasers of pharmacies whether they be first time owners or pharmacists who operate already several pharmacy businesses. We also cater [...]

2018-11-02T15:29:57+00:00October 2nd, 2018|Categories: Commercial|Tags: , |

WARNING – Review of Casual Employment Arrangements

Employers are warned to review their working arrangements with long term casuals following the recent decision of the Full Federal Court in WorkPac Pty Ltd v Skene [2018] FCAFC 131. That case resulted in an employee, who had been engaged and paid as a casual employee, bringing a successful claim against [...]

2018-09-27T11:51:28+00:00September 27th, 2018|Categories: Employment Law|Tags: , , |

Are your contracts unfair? Don’t get caught out by the unfair terms legislation now applying to business to business contracts

Background The doctrine of freedom of contract is a fairly standard one in Australian law, as well as in most Western legal traditions. The doctrine recognises that individuals should have the freedom to strike whatever bargain they choose. However, as it turns, the situation between contracting parties in Australia is actually [...]

2018-09-24T10:11:35+00:00September 21st, 2018|Categories: Commercial, Litigation|Tags: , |

The sun is setting on delay tactics adopted by property developers in off the plan sales

Property developers engineering development delays and relying on developer friendly “sunset clauses” in off the plan contracts of sale contracts (OTP Contracts) to terminate those contracts and re-sell for higher prices are being targeted by the Andrews Labor Government through proposed new legislation. The Sale of Land Amendment Bill 2018 [...]

2018-09-18T18:03:03+00:00September 17th, 2018|Categories: Property|Tags: , , |

Assignment of lease of commercial premises: To consent or not to consent … That is the question, if you’re a landlord

A recent VCAT decision narrows the circumstances in which a landlord can withhold consent to an assignment of lease. This case, AVC Operations Pty Ltd v Teley Pty Ltd (Building and Property) [2018] VCAT 931, concerned a landlord’s decision to withhold consent to an assignment of lease under s 60 of [...]

2018-08-30T14:41:03+00:00August 29th, 2018|Categories: Property|Tags: , |

ATO response to High Court decision in Bywater

In a previous article we discussed the High Court of Australia decision in Bywater & Ors v FC of T: see http://pointonpartners.com.au/australian-tax-residence-for-companies-revisited-by-high-court-after-43-years/ Subsequent to the High Court decision, the ATO withdrew its previous ruling TR 2004/15, and issued a new draft ruling TR 2018/D3, and an exposure draft Practical Compliance [...]

2018-08-31T16:15:50+00:00August 24th, 2018|Categories: Taxation|Tags: , |

Family and Domestic Violence Leave – Key Features for Employees and Employers

Commencing from 1 August 2018, all employees who are covered by a modern award are entitled for up to 5 days of unpaid leave to deal with family and domestic violence. This follows the Fair Work Commission’s Decision made on 6 July 2018 which finalised the model clause for 5 [...]

2018-08-24T17:23:10+00:00August 17th, 2018|Categories: Employment Law|Tags: , , |

Federal Court decision highlights the urgent need for change to income tax residency rules for individuals

In the recent decision of the Federal Court in Harding v Commissioner of Taxation [2018] FCA 837, it was found that Mr Harding, an Australian citizen who lived and worked abroad for various periods, but focusing on March 2009 to February 2015, was a resident of Australia under the expanded [...]

2018-09-27T16:28:58+00:00August 17th, 2018|Categories: Taxation|Tags: , , |