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So far Pointon Partners has created 44 blog entries.

Changes to the Unfair Dismissal High-Income Threshold from 1 July 2019

On 1 July 2019, the high- income threshold increased and is currently $148,700 per annum.  The threshold operates to limit an employee’s eligibility to be protected from unfair dismissal as defined in the Fair Work Act 2009 (Cth) (FWA) and is adjusted annually. This means that an employee who is not [...]

2019-07-18T11:21:40+10:00July 18th, 2019|Categories: Employment Law|Tags: , |

Attention All Off-The-Plan Vendors of Real Estate: Important Changes to Sunset Date Legislation

In line with recent legislative changes, all vendors under an off-the-plan contract will no longer be able to exercise its sunset date termination rights without first: giving written notice to the purchaser 28 days before the proposed rescission setting out certain prescribed details; and obtaining each purchaser’s written consent to [...]

2019-07-15T12:04:12+10:00July 15th, 2019|Categories: Property|Tags: , |

Time is running out for labour hire providers to apply for a licence – Victorian Labour Hire Authority to manage new licensing regime

Following the introduction of the Labour Hire Licensing Act 2018 (“Act”) providers and hosts in the Victorian labour hire industry will be subjected to greater scrutiny and regulation, beginning with the requirement to obtain a licence on or before 29 October 2019. Under the threat of heavy penalties, from 30 [...]

2019-07-04T11:00:43+10:00July 4th, 2019|Categories: Employment Law|Tags: , |

Retaining and Incentivising Key Employees

Retaining and incentivising key employees is an issue that nearly all businesses must confront at certain stages of their development and expansion. Generally, multiple options are available with pros and cons that need to be carefully considered based on the circumstances of the relevant business. The most commonly used incentives are [...]

2019-06-20T14:03:09+10:00June 20th, 2019|Categories: Commercial, Employment Law, Taxation|

Misleading and Deceptive Conduct and Misrepresentations Induced Investments into Failed Companies: Investors Recover from Former Directors

In an application before the Federal Court, investors in a failed group of companies have recovered their lost money from the group’s former directors directly. The Court held that the directors’ misleading and deceptive conduct induced the investments and awarded damages in respect of the misrepresentations made. Background The two personal [...]

2019-06-18T15:31:49+10:00June 18th, 2019|Categories: Litigation|Tags: , , |

Business Employment Starter Pack

Pointon Partners is pleased to announce that we have a package to help new or established businesses that do not have their employment arrangements documented. The package for $2,000 exclusive of GST includes: A comprehensive employment contract for full time employees; Dismissal handbook which guides an employer through the various [...]

2019-06-06T11:56:22+10:00June 6th, 2019|Categories: Employment Law|Tags: , , |

Residential Construction and Land Tax: What happens if there is a delay in construction?

Whilst homes in Victoria that are occupied as a principal place of residence are exempt from Land Tax, building works or disputes that result in homes being unoccupied for extended periods of time can have the unexpected result of a Land Tax liability. These assessments can be particularly frustrating if [...]

2019-06-05T12:45:41+10:00June 5th, 2019|Categories: Property, Taxation|Tags: , , |

Trade Mark Owners Take Note: First to File v First to Use

With the prevalence of the internet and social media, growing your brand and your business and connecting with markets overseas has never been easier.  In navigating this era of globalisation, it is important that business owners trading under valuable brand names or using other types of trade marks in the operation [...]

2019-06-03T14:56:17+10:00June 3rd, 2019|Categories: Intellectual Property|Tags: |

Blind Siding Amendment – Significant Property Developer Stamp Duty Amendment in Victoria

Almost all Victorian development agreements could soon create a stamp duty liability. Any sharing of profit by a landowner with a property developer who does not own the land in proportion to the profit entitlement could be assessable to stamp duty. In what may be described as a blind siding amendment [...]

2019-05-31T10:14:19+10:00May 31st, 2019|Categories: Property, Taxation|Tags: , , |

Ex-employees poaching clients and the misuse of an employer’s confidential information

In the wake of a recent decision by the Supreme Court of Victoria, employers are reminded that their clients are not automatically off-limits to ex-employees. Where clients transfer their business to former staff, employers must act quickly and decisively to enforce any applicable post-employment covenants and be prepared to obtain and [...]

2019-05-27T15:23:56+10:00May 27th, 2019|Categories: Employment Law, Litigation|Tags: , , |