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Commercial2018-07-13T13:44:12+11:00

Court Puts the Brakes on Ultra Tune

By a decision of the Federal Court on 18 January 2019 by Justice Bromwich[i] national franchisor Ultra Tune was ordered to pay fines totaling $2,604,000. The fines (known as pecuniary penalties) sought by the ACCC and awarded by the Court were for various breaches of the [...]

March 21st, 2019|Commercial|

How Secure is Your Legal Relationship?

In any business arrangement it is important to  ensure the legal relationship between the various interests is carefully defined and documented. In the Hollywood blockbuster movie, The Social Network, the undefined relationship between co­ founders Mark Zuckerberg and Edwardo Saverin led to litigation which fortunately for [...]

February 26th, 2019|Commercial|

Asset Protection

Protecting your hard-earned assets from legal liabilities and claims makes a lot of sense and involves forward thinking and planning. Ideally, you would like to ensure that your wealth-creation structures are separated from "risky business". Any entity conducting business is at risk because of the nature [...]

February 22nd, 2019|Commercial, Corporate, Insolvency|

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 [...]

February 19th, 2019|Commercial|

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 [...]

October 2nd, 2018|Commercial|

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 [...]

September 21st, 2018|Commercial, Litigation|

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 [...]

May 16th, 2018|Commercial|