Misleading and Deceptive Conduct and Misrepresentations Induced Investments into Failed Companies: Investors Recover from Former Directors

In an application before the Federal Court, investors in a failed group of companies have recovered their lost money from the group’s former directors directly. The Court held that the directors’ misleading and deceptive conduct induced the investments and awarded damages in respect of the misrepresentations made. Background The two personal [...]

2019-06-18T15:31:49+10:00June 18th, 2019|Categories: Litigation|Tags: , , |

Ex-employees poaching clients and the misuse of an employer’s confidential information

In the wake of a recent decision by the Supreme Court of Victoria, employers are reminded that their clients are not automatically off-limits to ex-employees. Where clients transfer their business to former staff, employers must act quickly and decisively to enforce any applicable post-employment covenants and be prepared to obtain and [...]

2019-05-27T15:23:56+10:00May 27th, 2019|Categories: Employment Law, Litigation|Tags: , , |

Reminder of Relevant Principles in Applications for Extension of Time to Convene Creditors’ Meetings

Administrators often find themselves in a position where they need or desire further time to convene a second creditors’ meeting. The recent Federal Court case of Farnsworth v About Life Pty Limited (Administrator Appointed), in the matter of About Life Pty Limited (Administrator Appointed) [2019] FCA 11, provides a useful summary [...]

2019-01-31T16:00:33+11:00January 31st, 2019|Categories: Corporate, Insolvency, Litigation|Tags: , , |

Employer ordered to disgorge the total capital value of its business as a result of employees’ breach of duties they owed to their former employer

Employees owe certain duties to their employer known as fiduciary duties. These are, put broadly, the duty of loyalty and the duty not to profit. One who knowingly assists another to breach their fiduciary duties may also be held to account for gains made as a result. A recent example [...]

2018-12-05T10:31:02+11:00December 5th, 2018|Categories: Employment Law, Litigation|Tags: , |

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 parties in Australia is actually [...]

2018-09-24T10:11:35+10:00September 21st, 2018|Categories: Commercial, Litigation|Tags: , |

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 at large; and preventing disgruntled [...]

2018-08-23T18:44:51+10:00July 4th, 2018|Categories: Litigation|Tags: , |

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 contracts and practices.The Australian [...]

2018-08-28T15:13:10+10:00November 2nd, 2017|Categories: Commercial, Litigation|Tags: |

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 February 2017, [...]

2018-08-30T12:47:48+10:00June 22nd, 2017|Categories: Insolvency, Litigation|Tags: |

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? The Act was enacted in [...]

2015-04-30T09:03:04+10:00April 30th, 2015|Categories: Litigation|