Gym operators hiring personal trainers –make sure you consider the options and understand the legal consequences of getting it wrongCommercial gyms may engage personal trainers to work with their clientele and add value to the overall membership experience. Gym operators need to consider their approach to engaging personal trainers to maximise [...]
Retaining and incentivising key employees is an issue that nearly all businesses must confront at certain stages of their development and expansion. Generally, multiple options are available with pros and cons that need to be carefully considered based on the circumstances of the relevant business. The most commonly used incentives are [...]
Apportioning the purchase price in a sale of business agreement among the various assets being sold and purchased may help avoid tax headaches in the future. A sale of business comprises the sale and purchase of multiple assets, such as goodwill, trading stock, depreciating assets, buildings (including post 1979 capital [...]
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 Franchising Code of Conduct (Code) [...]
When you go into business with other stakeholders you should have a document in place which sets out the legal relationship between you and the other business owners. Most company constitutions, unit trust deeds or even partnership agreements are not suitable and need to be augmented by an agreement the lays [...]
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 the parties involved led to [...]
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 of its pursuits. It is [...]
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 of warranty or misleading or [...]
The Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was handed down on 4 February 2019. The Commissioner, the Honourable Kenneth Madison Hayne AC QC, outlined a number of key recommendations to address the issues identified by the Commission. These are likely [...]
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 pharmacy businesses. We also cater [...]
