Do you need to comply with Europe’s General Data Protection Regulation?

On 25 May 2018 the new European Union General Protection Regulation (the GDPR) came into force.  The GDPR regulates the handling of personal data by “controllers” and “processors”, irrespective of whether the controller or processor was established in the EU. Australian businesses, individuals, public authorities, agencies or other bodies may [...]

2018-08-23T15:23:20+00:00 June 12th, 2018|Categories: Commercial|Authors: , |

Suppliers and lenders take note – Ensure that personal guarantees have been drafted and executed properly before advancing credit to customers

The recent case of FJ & SM Monaghan Pty Ltd v Slade [2018] NSWCA 79 has reiterated the importance of suppliers and lenders obtaining personal guarantees that have been carefully drafted in order to enforce them. The importance of properly drafted guarantees Although judgement was eventually awarded against the guarantors, [...]

2018-08-23T15:30:01+00:00 May 16th, 2018|Categories: Commercial|Authors: , |

6 New Year’s resolutions for your business – Legal tips for development and success

The start of the calendar year is a great time for businesses to take stock of their current practices, policies and documentation in order to identify potential risks and opportunities for improvement.  We have compiled a brief checklist of critical (but often overlooked) items, to assist in your reflection on [...]

2018-08-23T15:20:51+00:00 January 12th, 2018|Categories: Commercial, Employment Law|Authors: , |

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 cluster managers) and education professionals and can guide understanding [...]

2018-08-24T16:47:03+00:00 November 28th, 2017|Categories: Commercial, Employment Law|Authors: |

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 contracts and practices.The Australian [...]

2018-08-28T15:13:10+00:00 November 2nd, 2017|Categories: Commercial, Litigation|Authors: |

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 will apply from the 27 October 2017.[1] The new provisions [...]

2018-08-28T15:15:56+00:00 November 1st, 2017|Categories: Commercial, Employment Law|Authors: |

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 equity funding”.[1] Prior to the introduction of the Bill into Parliament, the [...]

2018-08-28T15:23:54+00:00 October 9th, 2017|Categories: Commercial|Authors: , |

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 existing licence. Coupled [...]

2018-08-28T15:32:19+00:00 October 9th, 2017|Categories: Commercial|Authors: , |

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] “Mandatory data breach notification” commonly refers to a legal requirement [...]

2018-08-30T11:11:09+00:00 August 3rd, 2017|Categories: Commercial|Authors: , |

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 years, with many Australians feeling [...]

2018-08-30T12:50:25+00:00 June 22nd, 2017|Categories: Commercial|Authors: , |