31 December 2020 Deadline for Amending Discretionary Trusts Which Hold Residential land in NSW
If a discretionary trust (therefore a special trust) holds residential land in New South Wales the trust will be liable for additional land tax and stamp duty purchaser stamp duty if any one of the potential beneficiaries is a foreign person. To avoid these additional [...]
Heard it through the grapevine: Facebook defamation suit between congregation members leads to >$200,000 judgment
A string of recent, high profile defamation decisions, for example those involving actors Rebel Wilson and Geoffrey Rush, have shown that Courts are prepared to award significant damages to successful complainants. But it is important to remember that defamation disputes are not exclusively between celebrities [...]
Vendor continuing to be employed post-settlement; the interplay between the Sale of Business/Sale of Shares Agreement Restraints and the Employment Contract Restraints
We are increasingly acting in transactions where the purchaser is requiring that the vendor, or the vendors if more than one, continue to be employed in the business post settlement. This is a function of the knowledge oriented nature of today’s economy where value lies in [...]
Not for Profit entities – what legal structure should be used?
Our team members at Pointon Partners are regularly requested by clients to establish not for profit bodies. The activities proposed to be undertaken may be charitable in nature, community oriented or the body may be being established to operate as a sporting club. Or possibly to [...]
Don’t Pay Twice! Business Email Compromise
If you pay a debt to the wrong account because of a fraud you could well be required to pay twice. In the past three years losses due to business email compromise have risen from $3.8 million[1] to $132 million[2]. Typically such frauds take the form [...]
The Racing Industry during 2020 and the ‘Fred’ Racehorse Ownership App
It has been gratifying to see that the horse racing codes, both thoroughbred and harness, have been able to continue to stage meetings throughout the Covid-19 pandemic. The implementation of strict bio-security measures for participants and other measures, such as the absence of crowds, has [...]
Sale or purchase of financial planning practices
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 [...]
New ways of working during the latest Victorian lockdown
As Victoria enters a new period of stage 4 restrictions, employers must consider the impact on their workplace. Pointon Partners are able to assist employers with relevant issues including stand down, COVID-specific OH&S requirements and the availability of work permits for certain industries. Reliance on [...]
Spamming and the Spam Act
Many of us, have from time to time, received unsolicited emails or other messages from unknown sources, or businesses keen to advertise an event or product through content marketing. This would seem to have become even more rife during the COVID-19 period, as businesses have sought [...]
Revisiting Early Commercial decisions in COVID-19 and the Law
Commercial decisions caused by COVID-19 have led to many early decisions being driven by real or perceived income and cash flow concerns without a clear consideration of the applicable laws. If this has happened it is recommended that the law is now looked at in [...]