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|

Telco’s go head to head in advertising tussle: Telstra Corporation Ltd v Singtel Optus Ltd [2018] VSC 247

Pointon Partners are regularly asked to advise clients as to their prospects of obtaining an urgent interlocutory injunction. Common examples include: preventing a competitor from publishing misleading advertising material; preventing former employees or contractors from disclosing sensitive confidential information to competitors or to the market [...]

July 4th, 2018|Litigation|

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 and Forestry Contractors Code of Practice (Code of Practice) Why? [...]

April 30th, 2015|Litigation|

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 failure by [...]

May 2nd, 2014|Litigation|