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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 contra
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An update from our Mediators – 5 reasons why Mediation is good for business

Did you know that Pointon Partners offers mediation as a cost effective dispute resolution service to enable your clients to get back to business? Mediation can be organised at any time – you don’t need to be involved in Court proceedings, you just need to agree with the other party t
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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
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Newsletter Winter 2015

We are pleased to introduce to you our Winter 2015 Newsletter. There is an excellent selection of recent legal developments in the areas of Commercial Law, Employment Law, Intellectual Property, Property, Sports Law, Litigation and taxation included. The weather is getting cold and it
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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
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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
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Timbercorp  Growers Alert

Significant factual issues arise from the Timbercorp Almond Project 2007 in addition to general concerns and defences Pointon Partners Lawyers have raised in respect of all Timbercorp projects. If you have been involved in this arrangement or another Timbercorp arrangement, we are hap
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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
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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
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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
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