In Australia, the conduct between franchisors and franchisees is regulated by the Competition and Consumer (Industry Codes—Franchising) Regulations 2024 (“Franchising Code of Conduct”). The Franchising Code of Conduct is a mandatory industry code enacted pursuant to the Competition and Consumer Act 2010 (Cth) (“CCA”), and makes compliance mandatory for those [...]
In today’s world, it is not unusual for businesses to make claims about the environmental benefits of their services or products to consumers- it is however important to ensure that those claims are accurate. “Greenwashing” is a term, which generally speaking, refers to the making of false or misleading environmental [...]
In the wake of increasing data breaches,[1] on 29 November 2024, the Government passed its new tranche of legislative measures under its 2023-2030 Australian Cyber Security Strategy seeking to address legislative gaps, and bring Australia in line with international standards.[2] The Cyber Security Act 2024 (“Act”) introduces several key measures [...]
In our previous article, we reported on the Privacy and Other Legislation Amendment Bill 2024 (Cth) (“Bill”). The Bill passed both Houses of Parliament on 29 November 2024 and received Royal Assent on 10 December 2024.[1] As foreshadowed, the Privacy and Other Legislation Amendment Act 2024 (Cth) introduces a range of [...]
1. WHAT IS ‘FINANCIAL ASSISTANCE’? The term ‘financial assistance’ refers to a situation where a company (Target Company) financially assists a person (purchaser) for, or in connection with the process of, acquiring shares in the Target Company. The Target Company can be either a public company or proprietary company. Although [...]
As we reported in our previous article (https://pointonpartners.com.au/privacy-act-reform-is-on-the-way/), the Federal Government released a Privacy Act Review Report (“Review”) last year foreshadowing changes to privacy legislation in Australia. A response to the recommendations outlined in the Review was then released by the Federal Government following feedback and consultations. In his speech [...]
In any sale transaction whether it is a business sale or sale of shares, an important step is the due diligence process for both vendors and buyers. While, in our experience, purchasers are increasingly shifting their focus towards protection through comprehensive warranties in sale agreements, particularly given the growing trend of [...]
Where a business operates through a unit trust, there are a number of reasons why transitioning to a corporate structure may be contemplated, such as alignment with long-term business development strategies, addressing working capital needs or obtaining taxation benefits. A ‘trust to company’ restructure may also be desirable in the context [...]
Earlier in March 2024, the Victorian Government introduced the Commercial and Industrial Property Tax Reform Bill 2024 (‘Bill’). The Bill reformed the Victoria’s land transfer duty regime in respect of commercial and industrial properties, with stamp duty largely replaced by the new Commercial and Industrial Property Tax (‘CIPT’). The Bill [...]
As we near the end of the financial year we are commonly asked to establish private ancillary funds (PAF) for clients. A PAF is a private philanthropic vehicle typically established and operated by a high net worth individual or family. PAF do not carry out charitable activities themselves on a [...]
