pointonpartners

/Pointon Partners

About Pointon Partners

This author has not yet filled in any details.
So far Pointon Partners has created 28 blog entries.

Court Puts the Brakes on Ultra Tune

By a decision of the Federal Court on 18 January 2019 by Justice Bromwich[i] national franchisor Ultra Tune was ordered to pay fines totaling $2,604,000. The fines (known as pecuniary penalties) sought by the ACCC and awarded by the Court were for various breaches of the Franchising Code of Conduct (Code) [...]

2019-03-21T15:24:50+11:00March 21st, 2019|Categories: Commercial|Tags: |

What conflicts of interest mean for unfair dismissal – Matthew Boulton v Telstra Corporation Limited

The Fair Work Commission recently considered unfair dismissal in the context of conflicts of interest in the case of Mr Matthew Boulton v Telstra Corporation Limited [2019] FWC 370.  Telstra was found to have validly dismissed Mr Boulton for breaching its Conflict of Interest policy by buying and selling new and [...]

2019-03-06T15:21:34+11:00March 6th, 2019|Categories: Employment Law|

How Secure is Your Legal Relationship?

In any business arrangement it is important to  ensure the legal relationship between the various interests is carefully defined and documented. In the Hollywood blockbuster movie, The Social Network, the undefined relationship between co­ founders Mark Zuckerberg and Edwardo Saverin led to litigation which fortunately for the parties involved led to [...]

2019-02-26T14:38:12+11:00February 26th, 2019|Categories: Commercial|

Asset Protection

Protecting your hard-earned assets from legal liabilities and claims makes a lot of sense and involves forward thinking and planning. Ideally, you would like to ensure that your wealth-creation structures are separated from "risky business". Any entity conducting business is at risk because of the nature of its pursuits.  It is [...]

2019-02-22T14:56:28+11:00February 22nd, 2019|Categories: Commercial, Corporate, Insolvency|

Beware of Warranties and Representations in a Sale of Business – Vendors may be ordered to repay significant amounts

In the context of a sale of business, careful consideration must be given to warranties contained in the sale of business agreement, along with any representations made about the present and future performance of the business.  Unwary vendors may find themselves defending Court proceedings for breach of warranty or misleading or [...]

2019-02-19T11:25:44+11:00February 19th, 2019|Categories: Commercial|

Employees terminated due to the “ordinary and customary turnover of labour” – Do employers need to make redundancy payments when they lose key contracts?

In the recent decision of Fair Work Ombudsman v Spotless Services Australia Ltd [2019] FCA 9, the Federal Court found that three employees terminated after Spotless lost a key contract with Perth International Airport were owed redundancy pay, despite Spotless asserting that an exception applied.General principles of redundancy payUnder s 119(1)(a) [...]

2019-02-18T15:40:43+11:00February 18th, 2019|Categories: Employment Law|

Banking Royal Commission Final Report – Implications for the Financial Planning Industry

The Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was handed down on 4 February 2019. The Commissioner, the Honourable Kenneth Madison Hayne AC QC, outlined a number of key recommendations to address the issues identified by the Commission. These are likely [...]

2019-02-13T16:13:37+11:00February 11th, 2019|Categories: Commercial|Tags: |

Casual Employment – New amendment to mitigate against ‘double dipping’ outcomes for employees

Employers have recently received some legislative support with regards to casual employees who successfully claim for accrued annual leave and other permanent benefits. As discussed in our recent article on the decision of WorkPac Pty Ltd v Skene [2018] FCAFC 131, an employee may successfully claim that they have been [...]

2019-02-04T15:36:33+11:00February 4th, 2019|Categories: Employment Law|Tags: , , |