Lawyers & Trademark Attorneys
PointonPartners_Logo


Court Of Appeal Examines What Constitutes A Supporting Affidavit In An Application To Set Aside A Statutory Demand

In the recent case of Imagebuild Group Pty Ltd v Fokust Pty Ltd [2017] VSCA 131, the  Court of Appeal considered whether a ‘supporting affidavit’ had been sworn, served and filed within the time limit prescribed by section 459G of the Corporations Act 2001 (Cth) (“Act”). On 10 Februar
Continue Reading →

Does your business use owner-drivers? If so, make sure your business is complying

Do you engage owner-drivers in your business?  If so, you should be aware of the Victorian Government’s owner-driver legislative scheme, which comprises: Owner Drivers and Forestry Contractors Act 2005 (the Act) Owner Drivers and Forestry Regulations 2006 (Regulations) Owner Drivers a
Continue Reading →

A Swing and a Near Miss: Member challenges merger of Kingswood Golf Club and Peninsula Country Club

On 3 September 2014 the Victorian Supreme Court handed down judgment in the matter of William Falkingham v Peninsula Kingswood Golf Club [2014] VSC 47, a proceeding brought by a member of the Peninsula Kingswood Country Golf Club Ltd who was attempting to undo a merger of Kingswood Go
Continue Reading →

A Swing and a Near Miss: Member challenges merger of Kingswood Golf Club and Peninsula Country Club

On 3 September 2014 the Victorian Supreme Court handed down judgment in the matter of William Falkingham v Peninsula Kingswood Golf Club [2014] VSC 47, a proceeding brought by a member of the Peninsula Kingswood Country Golf Club Ltd who was attempting to undo a merger of Kingswood Go
Continue Reading →

Creditors Statutory Demands

A creditor’s statutory demand is an effective and compelling method to recover debts owed by a company. Most compelling is the presumption by the Courts of the insolvency of a company if it fails to comply with a statutory demand. This presumption extends for 3 months following the fa
Continue Reading →

PPSR Alert: Get Your Processes Right or Risk Enforcement Catastrophe

How We Can Help Navigate the PPSR Maze Many of our clients have been struggling to come to terms with the practical implications the Personal Property Securities Register (PPSR) has on their businesses. As this PPSR Alert demonstrates, issues such as timely registration are paramount
Continue Reading →

Participating in a Mediation

Anyone involved in a family business these days will sooner or later find themselves attending mediation. Nearly all disputes nowadays will go through a mediation process of one sort or another, including the following: Consumer complaints; Landlord/tenant disputes; Franchisor/franchi
Continue Reading →

PPSR Alert – New Zealand Case Creates Possible Defence for Guarantor if Supplier Failed to Register its Retention of Title Arrangement on PPSR

PPSR Alert – New Zealand case creates possible defence for guarantor if supplier failed to register its retention of title arrangement on PPSR Facts: In Haar v Eastland Tyres Ltd [2013] NZHC 692 an appeal was brought by a former director-shareholder (‘the Director’) of Gisborne
Continue Reading →

Lodging Caveats Over Property Without a Proper Basis

LODGING CAVEATS OVER PROPERTY WITHOUT A PROPER BASIS Review of Sovereign MF Ltd (in liq.) v EOS Janus Holdings Pty Ltd [2013] VSC 347 Caveats may only be lodged over another person’s property if you have a legal or equitable interest in the property. The effect of the caveat is to giv
Continue Reading →