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So far Pointon Partners has created 17 blog entries.

Legal Update | November 2018

New Website Launch As part of the new and exciting changes occurring at Pointon Partners, we are pleased to announce the launch of our new website. The new website provides users with a new interactive, user-friendly experience and features a fresh, innovative design that is easy to navigate. Our website [...]

2018-12-13T15:22:45+00:00December 13th, 2018|Categories: Uncategorized|

Proposed changes to the monster that is Division 7A

Submissions to TreasurySubmissions have now closed to Treasury concerning their Consultation Paper “Targeted Amendments to Div. 7A Integrity Rules” (October 2018– Consultation Paper).Whilst it is hoped that the submissions to Treasury may finally provide some worthwhile improvements to Div. 7A, the fact that this whole process started in May 2012, and [...]

2018-12-06T17:45:52+00:00December 6th, 2018|Categories: Taxation|Tags: , , |

Employer ordered to disgorge the total capital value of its business as a result of employees’ breach of duties they owed to their former employer

Employees owe certain duties to their employer known as fiduciary duties. These are, put broadly, the duty of loyalty and the duty not to profit. One who knowingly assists another to breach their fiduciary duties may also be held to account for gains made as a result. A recent example [...]

2018-12-05T10:31:02+00:00December 5th, 2018|Categories: Employment Law, Litigation|Tags: , |

The Family Farm – When is the transfer of a farm to a relative duty free?

A farm is a significant asset and the value of the associated business is dependent upon how that business is operated by you now, and later, by your children and their children after them. The farm may constitute the majority of your family wealth and you may have difficulty passing on  [...]

2018-11-23T15:23:31+00:00November 23rd, 2018|Categories: Taxation|Tags: , , |

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: , |