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Management of Kindergartens – Navigating a legal minefield

Kindergartens in Victoria have to comply with a myriad of legislative obligations which can seem a minefield for the unsuspecting parent volunteer who finds themselves on a Committee of Management. Pointon Partners works with Kindergartens, Early Years Managers (formerly known as clus
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Consumer watchdog on the hunt for unfair terms in B2B contracts

The recent decision by the Federal Court of Australia (FCA) in ACCC v JJ Richards & Sons Pty Ltd[1] is expected to empower small businesses to negotiate terms of standard form contracts.  It also serves as a timely reminder for large businesses to review their standard form contra
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Potential liability of franchisors and holding companies for breach of workplace laws – Vulnerable workers legislation commences

Extended liability for franchisors and holding companies Recently, the Fair Work Act has undergone a number of amendments as a result of the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017. Importantly, the amendment introduced new accessorial liability provisions that w
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Crowd-sourced funding for proprietary companies: Differences between exposure draft and bill

The Corporations Amendment (Crowd-sourced Funding for Proprietary Companies) Bill 2017 (Bill) has now been introduced into Parliament. The Bill “sets out amendments to the Corporations Act 2001 (Corporations Act) to enable proprietary companies in Australia to access crowd-sourced equ
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Buying, selling and moving accident tow truck licences in Victoria

Obtaining an accident towing licence in Victoria is far more difficult than one might assume. The number of towing licences is fixed by the Minister for Roads, and with a sufficient number of licences currently operating, prospective purchasers are compelled to seek out a vendor of an
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Are you ready for the new Privacy Mandatory Data Breach Notification Regime?

The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (Act) amends the Privacy Act 1988 (Cth) (Privacy Act) to introduce mandatory data breach notification provisions for organisations, agencies and certain other entities that are regulated by the Privacy Act (entities).[1]
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Cloud-Based Hosting Of Personal Details – What Are The Implications For Your Business?

With many companies now moving their data storage to the cloud, or considering the cost-saving benefit of doing so, it is important to be aware of the risks associated with contracting a company which uses overseas servers.  Concerns about ‘data sovereignty’ have increased in recent y
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Federal Government Amends Registration Requirements For PPS Leases: Minimum Duration Is Now 2 Years

The Federal Government has introduced changes to the Personal Property Securities Act (PPSA) with the enactment of the Personal Property Securities Amendment (PPS Leases) Act 2017. The amendments came into effect on 20 May 2017, and extend the minimum duration of the term of a lease o
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Land banking and primary production exemption from land tax – are they mutually exclusive?

At first thought, ‘land banking’ and primary production exemption from land tax would appear to be mutually exclusive. A landowner’s intention when land banking is to profit from future sale of its land, which is significantly different to the intention of a landowner that uses its la
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Selling a Business and the Transfer of Employee Entitlements

The sale of a business involves the transfer of particular assets of the business from the Vendor to the Purchaser.   This may include, amongst others, goodwill, plant and equipment, stock, intellectual property, licences, registrations, contracts and leases.   In addition to this, th
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