The last couple of years has been a tumultuous period for the financial planning industry. We have seen the Hayne Royal Commission into Misconduct Superannuation and Financial Services industry and the handing downs of its findings. We have also seen AMP change the terms of its Buyer of Last Resort (BOLR) [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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, [...]
