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+00:00February 19th, 2019|Categories: Commercial|

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+00:00February 11th, 2019|Categories: Commercial|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: , |

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: , |

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+00:00June 12th, 2018|Categories: Commercial|Tags: , |

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+00:00May 16th, 2018|Categories: Commercial|Tags: , |

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+00:00January 12th, 2018|Categories: Commercial, Employment Law|Tags: , |

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+00:00November 28th, 2017|Categories: Commercial, Employment Law|Tags: |

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+00:00November 2nd, 2017|Categories: Commercial, Litigation|Tags: |

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+00:00November 1st, 2017|Categories: Commercial, Employment Law|Tags: |