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No Shield for HR: Personal Liability in the Modern Workplace

Employment Law

July 31, 2026

No Shield for HR: Personal Liability in the Modern Workplace

As HR roles take on more strategic decision-making, individuals — not just employers — can face personal liability under the Corporations Act and Fair Work Act for their involvement in workplace breaches.

Amelita Hensman, Michael Bishop

It’s Time to be More Transparent — An Update on the Privacy Act

Commercial

July 22, 2026

It’s Time to be More Transparent — An Update on the Privacy Act

From December 2026, amendments to the Privacy Act will require businesses to be far more transparent about how automated decision-making systems use personal information.

Felicity Cara-Carson

Counterfeit Imports — Tougher Penalties at the Border

Intellectual Property

July 16, 2026

Counterfeit Imports — Tougher Penalties at the Border

New customs legislation introduces a strict-liability offence for importing goods bearing false trade marks, with penalties of up to $99,000 for companies.

Felicity Cara-Carson

Employers, Are You Prepared If an Employee Reports Psychosocial Hazards to WorkSafe Victoria?

Employment Law

June 24, 2026

Employers, Are You Prepared If an Employee Reports Psychosocial Hazards to WorkSafe Victoria?

Six months into Victoria’s new psychosocial health regulations, WorkSafe is actively visiting workplaces to check compliance — and existing bullying or harassment policies alone won’t satisfy the new duty.

Amelita Hensman, Michael Bishop

Tranche 2 of AML/CTF: Are Accountants In?

Property

May 6, 2026

Tranche 2 of AML/CTF: Are Accountants In?

From 1 July 2026, anti-money laundering obligations extend to accountants providing services like real estate transactions, corporate restructuring and asset management.

David Mazzeo, Abdul Torabi

Think You Are Too Young for a Will? Think Again

Wills & Estates

March 25, 2026

Think You Are Too Young for a Will? Think Again

A will isn’t just for the elderly or wealthy — anyone over 18 with savings, property, digital assets or people who depend on them benefits from having one.

Jessica Tomlinson, Michael Bishop

Not Just Pies and Beer — Court Rules Racing NSW Cannot Appoint an Administrator to ATC

Commercial

March 24, 2026

Not Just Pies and Beer — Court Rules Racing NSW Cannot Appoint an Administrator to ATC

The NSW Supreme Court has set aside Racing NSW’s attempt to appoint an external administrator to the Australian Turf Club, finding the regulator’s powers don’t extend to a club’s internal governance.

Carl Millington, Michael Bishop, Tony Pointon

A Spread Stoush in Kraft v Bega: Lessons on the Assignment of Unregistered Trade Marks and Underlying Goodwill

Intellectual Property

March 23, 2026

A Spread Stoush in Kraft v Bega: Lessons on the Assignment of Unregistered Trade Marks and Underlying Goodwill

The Full Federal Court’s Kraft v Bega decision confirms that in Australia, unregistered trade marks and the goodwill behind them can’t be separated — you can’t assign one without the other.

David Mazzeo, Jessica Tomlinson, Stefano Mazzeo

Fashion Designer Wins: What the Katy Perry v Katie Perry Decision Means for Australian Trade Mark Owners

Intellectual Property

March 17, 2026

Fashion Designer Wins: What the Katy Perry v Katie Perry Decision Means for Australian Trade Mark Owners

The High Court has confirmed Australian designer Katie Taylor’s clothing trade mark stands despite the global fame of pop star Katy Perry, ruling that reputation protection is confined to the goods and services actually covered by a registration.

David Mazzeo, Jessica Tomlinson, Stefano Mazzeo

To Scan or Not to Scan — Administrative Review Tribunal Decision on Bunnings’ Use of Facial Recognition Technology

Commercial

March 4, 2026

To Scan or Not to Scan — Administrative Review Tribunal Decision on Bunnings’ Use of Facial Recognition Technology

The Administrative Review Tribunal overturned a finding that Bunnings acted unlawfully by using facial recognition to identify known offenders — but still found it breached its duty to properly notify customers.

Felicity Cara-Carson, Jessica Tomlinson, Michael Bishop

Employment Law

March 2, 2026

Employees, Beware of the Side Hustle

The Fair Work Commission has upheld the dismissal of a manager who ran an undisclosed side business on work time, finding it breached the loyalty and exclusivity duties in their contract.

Amelita Hensman, Michael Bishop

No Financial Need, No Provision: Carer Wife’s Claim for a Share of Her Husband’s Estate Thrown Out

Wills & Estates

February 17, 2026

No Financial Need, No Provision: Carer Wife’s Claim for a Share of Her Husband’s Estate Thrown Out

The Supreme Court dismissed a widow’s family provision claim at an early stage, finding that despite a long marriage and significant caregiving, she couldn’t show genuine financial need.

Carl Millington, Michael Bishop

Unfair Dismissal Claim Fails after Employee Refuses Return to Office Direction

Employment Law

January 30, 2026

Unfair Dismissal Claim Fails after Employee Refuses Return to Office Direction

Executive Summary The Fair Work Commission ( FWC ) has dismissed an unfair dismissal claim brought by a PaperCut employee who was terminated after refusing to comply with a return to office…

Amelita Hensman, Michael Bishop

Jacksons Drawing Supplies Pty Ltd v Jackson’s Art Supplies Ltd (No 2) [2025] FCA 1127

Intellectual Property

January 28, 2026

Jacksons Drawing Supplies Pty Ltd v Jackson’s Art Supplies Ltd (No 2) [2025] FCA 1127

The Federal Court recently considered a passing-off dispute involving two competing art supplies businesses operating under the name “Jackson”. The Australian retailer and applicant, Jacksons Drawing…

David Mazzeo, Stefano Mazzeo

Criminal Record Checks at Work: Relevance, Spent Convictions and Privacy Risks for Employers

Employment Law

January 16, 2026

Criminal Record Checks at Work: Relevance, Spent Convictions and Privacy Risks for Employers

Criminal record checks are now a routine feature of recruitment in many industries, and are increasingly considered by employers as part of their broader risk management and compliance frameworks.…

Ben Drysdale, Michael Bishop

Set-Off Clauses Challenged – Federal Court Clarifies Award Payment Obligations in a Major Wakeup Call for Employers

Employment Law

January 14, 2026

Set-Off Clauses Challenged – Federal Court Clarifies Award Payment Obligations in a Major Wakeup Call for Employers

A landmark Federal Court decision has confirmed that set-off clauses in employment contracts will not always validly discharge award entitlements. In Fair Work Ombudsman v Woolworths Group Limited…

Michael Bishop, Amelita Hensman

Victoria’s new psychosocial health regulations have commenced – Employers are you complying?

Employment Law

December 5, 2025

Victoria’s new psychosocial health regulations have commenced – Employers are you complying?

Victoria’s new psychosocial health regulations have commenced – Employers are you complying? Since 1 December 2025 a new positive duty applies to Victorian employers to proactively identify, manage…

Michael Bishop, Amelita Hensman

Beyond Policy – The FWC Reinforces the Duty to Genuinely Consider Flexible Work Arrangements

Employment Law

November 19, 2025

Beyond Policy – The FWC Reinforces the Duty to Genuinely Consider Flexible Work Arrangements

A recent employment dispute heard by the Fair Work Commission (‘ FWC ’) has highlighted the obligation that employers have when dealing with requests for flexible working arrangements. In Chandler v…

Michael Bishop, Amelita Hensman

Commercial

October 29, 2025

FRANCHISORS TAKE NOTE

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…

Felicity Cara-Carson

When “remedy defects” means “pay damages”: lessons from Grech v Biltar Pty Ltd [2025] VSC 636

Property

October 17, 2025

When “remedy defects” means “pay damages”: lessons from Grech v Biltar Pty Ltd [2025] VSC 636

A recent Supreme Court decision illustrates the risks of settling a building dispute by requiring a builder to “remedy defects” rather than paying money. Even where the obligation to remedy defects…

David Mazzeo, Carl Millington

How the Trustee can remove the Appointor

Wills & Estates

October 3, 2025

How the Trustee can remove the Appointor

In Staley v Hill Family Holdings Pty Ltd [2025] QCA 95, the Queensland Court of Appeal found that the power of a trustee to remove the appointor of a trust, pursuant to the Trust Deed, highlights the…

Tony Pointon, Andrew Pointon

Agents: Don’t pay for the privilege of working for free

Property

September 3, 2025

Agents: Don’t pay for the privilege of working for free

A recent County Court decision ( Cellmore Real Estate Pty Ltd v Funston [2025] VCC 1205 ) is a sharp reminder for estate agents. If an authority is not completed properly, the agency cannot recover…

David Mazzeo, Carl Millington

When executors should stand firm: Court rejects “extravagant” TFM claim with heavy costs consequences

Litigation

September 3, 2025

When executors should stand firm: Court rejects “extravagant” TFM claim with heavy costs consequences

Executors are often placed under pressure to settle Testator’s Family Maintenance ( TFM ) claims to avoid the cost and uncertainty of litigation. A recent Victorian Supreme Court decision shows that…

Michael Bishop, Carl Millington

Federal Court Awards $305,000 in Landmark Sexual Harassment Decision

Employment Law

September 3, 2025

Federal Court Awards $305,000 in Landmark Sexual Harassment Decision

In a recent decision by the Federal Court of Australia a claimant has been awarded $305,000, regarding claims of workplace sexual harassment, making it one of the highest awards ordered under the…

Michael Bishop, Amelita Hensman

NSW Court of Appeal finds Uber liable for $81m Payroll Tax Assessment

Taxation

August 22, 2025

NSW Court of Appeal finds Uber liable for $81m Payroll Tax Assessment

On 1 August 2025, the New South Wales Court of Appeal overturned the Supreme Court’s earlier decision to relieve Uber of six payroll tax assessments amounting to $81,515,923 and which we covered in…

Tony Pointon, Andrew Pointon

Intellectual Property

August 15, 2025

THE SPAM ACT – AN UPDATE

In Australia, the Spam Act 2003 (‘Spam Act’) contains requirements in relation to the sending of commercial electronic messages (‘CEMs’) which include, but are not limited to, SMS and email messages.…

Felicity Cara-Carson

Taxation

August 13, 2025

Mid-August Tax Update

This article provides an update on key developments in taxation law for accountants and participants in the tax advice industry for mid-August. This update in summary covers: Federal Court’s…

Tony Pointon, Andrew Pointon

The Future of Private Ancillary Funds: A Shift toward “Giving Funds”

Wills & Estates

August 13, 2025

The Future of Private Ancillary Funds: A Shift toward “Giving Funds”

Private Ancillary Funds as we know them, may soon be a thing of the past. The Australian government has released a consultation paper with recommendations to reform the operation of both Public and…

Tony Pointon, Michael Bishop, Andrew Pointon

Dismissal Decisions and Mental Health Issues – What do you need to be aware of as an Employer?

Employment Law

August 13, 2025

Dismissal Decisions and Mental Health Issues – What do you need to be aware of as an Employer?

For employers, mental health conditions are among the most costly types of workplace injuries, often resulting in significantly longer absences from work and higher compensation compared to other…

Michael Bishop, Amelita Hensman

Challenging market rent determinations under the Retail Leases Act: key lessons for landlords and tenants

Property

August 11, 2025

Challenging market rent determinations under the Retail Leases Act: key lessons for landlords and tenants

Retail leases commonly include provisions for the rent to be reset to market value at the commencement of a further term, usually following the exercise of an option by the tenant. In these cases, an…

David Mazzeo, Carl Millington

Challenging the validity of a will in Victoria: what you need to know

Litigation

August 7, 2025

Challenging the validity of a will in Victoria: what you need to know

When a loved one dies, disputes can arise not only about the distribution of their estate but also about the legal validity of their will. Unlike family provision claims which seek to alter the…

Carl Millington

Outsourced but Not Outside the Law: the Pascua Case

Employment Law

August 5, 2025

Outsourced but Not Outside the Law: the Pascua Case

In this era of growing technological and economic integration, the modern workplace is no longer confined to national boundaries. Businesses are increasingly choosing to outsource various roles such…

Michael Bishop, Amelita Hensman

Employee sues for $780k after alleged breach of Right to Disconnect

Employment Law

July 31, 2025

Employee sues for $780k after alleged breach of Right to Disconnect

It has been just under a year since we last discussed the introduction of the new legislative changes to the Fair Work Act 2009 (Cth) (FWA) granting employees the right to disconnect. Now, the courts…

Michael Bishop, Amelita Hensman

Retaining a tenant’s goods after lease termination? Think twice

Property

July 28, 2025

Retaining a tenant’s goods after lease termination? Think twice

Pointon Partners’ regularly advises commercial landlords and property managers on their rights and obligations when a lease is terminated. A recent decision of the Victorian Civil and Administrative…

Carl Millington

Employers Beware – $100,000 Fine for Failing to Ensure Safe and Appropriate Workplace

Employment Law

July 2, 2025

Employers Beware – $100,000 Fine for Failing to Ensure Safe and Appropriate Workplace

In May 2025, an employer was served with an $100,000 fine for failing to provide a safe workplace for their employees. In doing so, the Magistrates’ Court found that the employer had failed to create…

Michael Bishop, Amelita Hensman

Taxation

June 26, 2025

Late June Tax Update

This article provides an update on key developments in taxation law for accountants and participants in the tax advice industry for late June. This update in summary covers: High Court’s Grant of…

Tony Pointon, Andrew Pointon

Taxation

June 13, 2025

Early June Tax Update

This article provides an update on key developments in taxation law for accountants and participants in the tax advice industry for early June. This update in summary covers: How the ART does not…

Tony Pointon, Andrew Pointon

Over $400,000 in compensation and penalties ordered against employer for unlawful adverse action

Employment Law

May 27, 2025

Over $400,000 in compensation and penalties ordered against employer for unlawful adverse action

In a Federal Court decision, Justice Shariff has found that an aged care provider, St Basil’s Homes (“ Employer ”), contravened the Fair Work Act 2009 (Cth) (FW Act) by dismissing a registered nurse…

Michael Bishop, Amelita Hensman

Commercial

May 20, 2025

GREENWASHING: IT’S NOT ALL GLAD

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…

Felicity Cara-Carson

Taxation

May 19, 2025

Mid May Tax Update

This article provides an update on key developments in taxation law for accountants and participants in the tax advice industry up to mid-May. This update in summary covers: Deputy Commissioner…

Tony Pointon, Andrew Pointon

ATO Audit Warning – Family Trust Elections – When an Interposed Entity Election is Appropriate

Taxation

May 12, 2025

ATO Audit Warning – Family Trust Elections – When an Interposed Entity Election is Appropriate

A recent area of concern that our taxation team has been increasingly encountering is with whether distributions made by a family trust are within the family group and whether said distributions will…

Tony Pointon, Andrew Pointon

The Absentee (Foreigner) Land Tax Surcharge and Exemptions

Taxation

April 30, 2025

The Absentee (Foreigner) Land Tax Surcharge and Exemptions

Similar to the Vacant Residential Land Tax (discussed here ), the Absentee (Foreigner) Land Tax Surcharge is another state tax which may be payable on top of the total taxable value of the land held…

Tony Pointon, Andrew Pointon

Challenging a will in Victoria: understanding Family Provision claims

Litigation

April 30, 2025

Challenging a will in Victoria: understanding Family Provision claims

When a loved one passes away, disputes over their will can add further stress to an already emotional time. In Victoria, if you believe you’ve been unfairly left out of a will, or not adequately…

Carl Millington

Taxation

April 30, 2025

End of April Tax Update

This article provides an update on key developments in taxation law for accountants and participants in the tax advice industry up to mid-late April. This update in summary covers: Portion of Tax…

Tony Pointon, Andrew Pointon

FIRB Issues – Recent Changes in Respect of Residential Land – Approvals Required where Change of Trustee

Taxation

April 28, 2025

FIRB Issues – Recent Changes in Respect of Residential Land – Approvals Required where Change of Trustee

The Foreign Acquisition and Takeover Act 1975 (Act) sets out when foreign persons cannot buy Australian Property, need approval to buy Australian Property or need to notify the Australian Government…

Tony Pointon, Andrew Pointon

Taxation

April 11, 2025

Early-April 2025 – Tax Update

This article provides an update on key developments in taxation law for accountants and participants in the tax advice industry up to early April. This update in summary covers: 4 year Imprisonment…

Tony Pointon, Andrew Pointon

Taxation

April 2, 2025

End of March Weekly Tax Update

This article provides an update on key developments in taxation law for accountants and participants in the tax advice industry up to late-March. This update in summary covers: The revised…

Tony Pointon, Andrew Pointon

Landmine Div 7A decision for Commissioner – FCT v Bendel 2025 FCAF 15 (31 March 2025 – Backfire for Commissioner – Section 109D Div 7A attack on Corporate Beneficiaries fails and causes Commissioner other problems)

Taxation

March 28, 2025

Landmine Div 7A decision for Commissioner – FCT v Bendel 2025 FCAF 15 (31 March 2025 – Backfire for Commissioner – Section 109D Div 7A attack on Corporate Beneficiaries fails and causes Commissioner other problems)

The Full Federal Court, in Bendel, has confirmed the earlier AAT appeal decision in favour of the taxpayer in a landmark decision on Division 7A, causing a series of landmines for the Commissioner in…

Tony Pointon, Andrew Pointon

Mixed Use Land for Primary Production? Whether Mixed Use Land is Exempt from Stamp Duty

Taxation

March 20, 2025

Mixed Use Land for Primary Production? Whether Mixed Use Land is Exempt from Stamp Duty

In Wylarah Pastoral Co Pty Ltd ATF Tallong Family Trust v Chief Commissioner of State Revenue [2024] NSWCATAD 366 , the NSW Civil and Administrative Tribunal (“the Tribunal”) found that a rural…

Tony Pointon, Andrew Pointon

Taxation

March 19, 2025

Mid-March 2025 – Tax Update

This article provides an update on key developments in taxation law for accountants and participants in the tax advice industry up to mid-March. This update in summary covers: The ATO’s taxpayer…

Tony Pointon, Andrew Pointon