Pointon Partners' Melbourne office building

Insights

News & Publications

Legal updates, case commentary and practical guidance from our partners and lawyers.

Latest

Recent legal updates

All Commercial Corporate Employment Law Insolvency Intellectual Property Litigation Property Taxation Wills & Estates

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

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

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

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

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

Major Changes to Australia’s Cyber Security Landscape

Commercial

February 13, 2025

Major Changes to Australia’s Cyber Security Landscape

In the wake of increasing data breaches, [1] on 29 November 2024, the Government passed its new tranche of legislative measures under its 2023-2030 Australian Cyber Security Strategy seeking to…

Felicity Cara-Carson

Further update to Australia’s privacy law reforms

Commercial

December 17, 2024

Further update to Australia’s privacy law reforms

In our previous article, we reported on the Privacy and Other Legislation Amendment Bill 2024 (Cth) (“Bill”). The Bill passed both Houses of Parliament on 29 November 2024 and received Royal Assent…

Felicity Cara-Carson

Financial Assistance, the “Whitewash” Procedure and other Exemptions

Commercial

November 12, 2024

Financial Assistance, the “Whitewash” Procedure and other Exemptions

1. WHAT IS ‘FINANCIAL ASSISTANCE’? The term ‘financial assistance’ refers to a situation where a company ( Target Company ) financially assists a person ( purchaser ) for, or in connection with the…

David Mazzeo, Ben Drysdale, Abdul Torabi

Update to ‘Privacy Act – Reform is on the Way’

Commercial

October 22, 2024

Update to ‘Privacy Act – Reform is on the Way’

As we reported in our previous article ( https://pointonpartners.com.au/privacy-act-reform-is-on-the-way/ ), the Federal Government released a Privacy Act Review Report (“Review”) last year…

Felicity Cara-Carson

From Due Diligence to Warranty Claims: Navigating the Business Sale Maze

Commercial

October 18, 2024

From Due Diligence to Warranty Claims: Navigating the Business Sale Maze

In any sale transaction whether it is a business sale or sale of shares, an important step is the due diligence process for both vendors and buyers. While, in our experience, purchasers are…

Michael Bishop

From unit trust to company – a snapshot of CGT rollover relief provisions

Commercial

October 11, 2024

From unit trust to company – a snapshot of CGT rollover relief provisions

Where a business operates through a unit trust, there are a number of reasons why transitioning to a corporate structure may be contemplated, such as alignment with long-term business development…

Tony Pointon, Michael Bishop

Commercial

July 29, 2024

Commercial and Industrial Property Tax Update

Earlier in March 2024, the Victorian Government introduced the Commercial and Industrial Property Tax Reform Bill 2024 (‘ Bill’ ). The Bill reformed the Victoria’s land transfer duty regime in…

Tony Pointon, David Mazzeo, Abdul Torabi

Commercial

May 17, 2024

Private Ancillary Funds

As we near the end of the financial year we are commonly asked to establish private ancillary funds (PAF) for clients. A PAF is a private philanthropic vehicle typically established and operated by a…

Michael Bishop, Jessica Tomlinson

Commercial

October 20, 2023

Privacy Act – Reform is on the Way

The Federal Government Attorney- General’s Department released its much anticipated Privacy Act Review Report [1] this year (“Review”), foreshadowing sweeping changes to privacy legislation in…

Michael Bishop, Felicity Cara-Carson

Troubling Waters; Navigating the Australian Superannuation Guarantee Landscape: Recent Legal Issues for Employers (and Workers)

Commercial

October 11, 2023

Troubling Waters; Navigating the Australian Superannuation Guarantee Landscape: Recent Legal Issues for Employers (and Workers)

Our Taxation team at Pointon Partners are often asked to advise on whether employers are obliged to pay superannuation for the services of a contractor for the purposes of the Superannuation…

Tony Pointon, Andrew Pointon

Earn-out Clause – a feature of today’s M & A environment

Commercial

October 4, 2023

Earn-out Clause – a feature of today’s M & A environment

Earn-out clauses are progressively becoming a common feature of sale of business or company sale transactions. Earn-out clauses can be attractive to both the buyer and seller as they breach the gap…

Michael Bishop, Abdul Torabi

Rural Pharmacy Australia Conference – September 2023

Commercial

September 4, 2023

Rural Pharmacy Australia Conference – September 2023

Our Partner Michael Bishop was thrilled to present to the inaugural Rural Pharmacy Australia Conference on the Gold Coast over the weekend. He presented on the following topics: Sale of Business;…

Michael Bishop

Australia-UK FTA unleashes exciting opportunities for Australian businesses

Commercial

July 24, 2023

Australia-UK FTA unleashes exciting opportunities for Australian businesses

The highly anticipated Australia-United Kingdom Free Trade Agreement (A-UK FTA) came into force on 31 May 2023. [1] The A-UK FTA is one of the most comprehensive and innovative free trade agreements…

David Mazzeo, Stefano Mazzeo

From Stamp Duty to Tax: Major reform to stamp duty following the 2023-24 Victorian State Budget

Commercial

May 26, 2023

From Stamp Duty to Tax: Major reform to stamp duty following the 2023-24 Victorian State Budget

On Tuesday 23 May 2023 the Victorian Treasurer, Tim Pallas, delivered the 2023-24 State Budget announcing a landmark reform to abolish stamp duty for commercial and industrial properties and…

Tony Pointon, David Mazzeo, Jessica Tomlinson

Commercial

May 15, 2023

Private Ancillary Funds

In May or June as we near the end of the financial year we are commonly asked to establish private ancillary funds for clients. A private ancillary fund is a private philanthropic vehicle typically…

Michael Bishop, Jessica Tomlinson

Commercial

March 14, 2023

A DISCLAIMER SAVES THE DAY

A recent Queensland Court of Appeal decision shows the continuing utility of disclaimers on products despite legislative reforms narrowing the scope of their effectiveness. In Mallonland Pty Ltd…

David Mazzeo, Michael Bishop, Andrew Cox

Buying or Selling a Business – Here are the top 5 things you should consider

Commercial

January 24, 2023

Buying or Selling a Business – Here are the top 5 things you should consider

https://pointonpartners.com.au/wp-content/uploads/2023/01/PP-Video-Final.mp4 Buying or selling a business is a major decision for both the seller and the buyer and can be a daunting and exciting…

Tony Pointon, David Mazzeo, Michael Bishop, Jessica Tomlinson

Director Identification Numbers – Now in Force

Commercial

December 12, 2022

Director Identification Numbers – Now in Force

Australian company directors are now required by law to apply for a director identification number (“director ID”). A director ID is a unique identifier given to an eligible officer who has verified…

Michael Bishop, Jessica Tomlinson

Employee Share Schemes – Eligible Start Up Concessions

Commercial

November 28, 2022

Employee Share Schemes – Eligible Start Up Concessions

In today’s tight labour market we continue to see interest from employer clients in establishing employee share schemes in order to retain, attract and incentivise talent. Perhaps the most…

Michael Bishop

Landmark High Court Google Defamation Ruling

Commercial

August 23, 2022

Landmark High Court Google Defamation Ruling

The High Court last week handed down a landmark defamation ruling concerning whether Google was regarded as having been the publisher, for defamation law purposes, of the results of Google searches…

Michael Bishop

Commercial

July 1, 2022

Pointon Partners Commercial Law Seminar – 14 July 2022

Join us for an in person presentation by Andrew Cassin of Cassin Advisory for advice on the process of preparing your business for sale. Andrew is the author of “ On Your Terms – 101 Ways to Prepare…

Michael Bishop, Felicity Cara-Carson

ACCC v Airbnb: Airbnb allegedly misled Australians about accommodation prices

Commercial

June 27, 2022

ACCC v Airbnb: Airbnb allegedly misled Australians about accommodation prices

Australia’s consumer watchdog has commenced proceedings against Airbnb for false or misleading representations about their services. The ACCC argues that Airbnb had made it unclear that the dollar…

David Mazzeo, Stefano Mazzeo

Pointon Partners Employment Law Webinar: Key issues for the new financial year

Commercial

June 17, 2022

Pointon Partners Employment Law Webinar: Key issues for the new financial year

Please join us as our employment lawyers Michael Bishop, Amelita Hensman and Ben Drysdale discuss the key employment issues likely to impact your business in the new financial year, including:…

Michael Bishop, Ben Drysdale, Amelita Hensman

Collective Bargaining With Suppliers – ACCC Relief

Commercial

June 1, 2022

Collective Bargaining With Suppliers – ACCC Relief

If you are a small business, it may be beneficial for you to join with competitors to engage in collective bargaining with a substantial or dominant supplier in your industry. However, this may…

Michael Bishop

Commercial

May 2, 2022

Labour Hire Agreements

In the current environment, it is not unusual for businesses to enter into an arrangement with another party for the provision of workers, whether for a specific task or type of work, or for the…

Michael Bishop, Felicity Cara-Carson

Pointon Partners Employment Law Presentation

Commercial

April 11, 2022

Pointon Partners Employment Law Presentation

Last October our partner Michael Bishop delivered a client webinar on the subject of employee share & option schemes. He discussed the different types of schemes which can be used, the reasons…

Michael Bishop

Changes to the Franchising Code of Conduct

Commercial

December 7, 2021

Changes to the Franchising Code of Conduct

If you are a franchisor or a franchisee, it is important to note that amendments were made by to the Franchising Code of Conduct (“Code”) on 1 June 2021. Most of these amendments will apply to…

Felicity Cara-Carson, Jessica Tomlinson

Key considerations when establishing a family discretionary trust

Commercial

November 15, 2021

Key considerations when establishing a family discretionary trust

Discretionary trusts are most commonly established under a trust deed and governed by the terms of the trust deed. Therefore, careful consideration and drafting of the terms of the trust deed…

Michael Bishop

Commercial

September 10, 2021

High Court Defamation Ruling

The High Court has handed down a hugely significant decision regarding whether media companies are responsible for potentially defamatory statements posted by third party users on the Facebook pages…

Michael Bishop

Commercial

August 26, 2021

Doyles Corporate & Commercial Law Ranking Survey

We congratulate our Partners Tony Pointon and Michael Bishop on being included in the Doyles survey in the following categories: Leading individuals with respect to M & A, Capital Markets and…

Tony Pointon, Michael Bishop

The Financial Planning Industry – A Changing Landscape

Commercial

July 20, 2021

The Financial Planning Industry – A Changing Landscape

In our Commercial Update of 14 August last year ( Sale or purchase of financial planning practices ) we commented on the significant volatility and turmoil which the financial planning industry had…

Michael Bishop, Andrew Cox

Commercial

July 19, 2021

Commercial Law Webinar – Readying your Business for sale – An essential webinar for anyone thinking of selling their business in the next 12 months.

Our Commercial Law Partners Michael Bishop and Felicity Cara-Carson together with Andrew Cassin held a webinar on 7 July 2021 in relation to Readying your Business for sale – An essential webinar for…

Michael Bishop

RESTRUCTURING- PART 6: RESTRUCTURING YOUR EXISTING BUSINESS STRUCTURE TO THE BETTER STRUCTURE

Commercial

July 2, 2021

RESTRUCTURING- PART 6: RESTRUCTURING YOUR EXISTING BUSINESS STRUCTURE TO THE BETTER STRUCTURE

To move from your existing structure to the better structure you need to consider the income tax rollover provisions available and the stamp duty implications that are applicable. The most common…

Tony Pointon

RESTRUCTURING- PART 5: SEPARATION OF ASSETS IN BUSINESS STRUCTURES

Commercial

June 25, 2021

RESTRUCTURING- PART 5: SEPARATION OF ASSETS IN BUSINESS STRUCTURES

Following from our earlier articles on Restructuring, we now discuss the importance of the separation of assets within a business structure. Business structures should always attempt to separate…

Tony Pointon

RESTRUCTURING- PART 4: THE THREE TRUST STRUCTURE ALTERNATIVES

Commercial

June 18, 2021

RESTRUCTURING- PART 4: THE THREE TRUST STRUCTURE ALTERNATIVES

Following from Part 3 and the basic building blocks article, we turn our attention to analysing the three trust structure alternatives Unit Trust, Hybrid Trust and Partnership Trust. Unit Trust…

Tony Pointon

RESTRUCTURING- PART 3: THE BASIC BUILDING BLOCKS

Commercial

June 11, 2021

RESTRUCTURING- PART 3: THE BASIC BUILDING BLOCKS

Welcome to Part 3 of our restructuring series. In Part 1 we looked at basic factual and issues and special issues that can influence the best structure and in Part 2 we analysed in table form how…

Tony Pointon

RESTRUCTURING- PART 2: ANALYSIS OF STRUCTURE COMPONENTS

Commercial

June 7, 2021

RESTRUCTURING- PART 2: ANALYSIS OF STRUCTURE COMPONENTS

Welcome to Part 2 of our restructure series. We have discussed in Part 1 of this series, why restructuring is so common and so important to consider for all businesses including asset protection…

Tony Pointon

RESTRUCTURING- PART 1: PURSUING THE PERFECT STRUCTURE

Commercial

May 28, 2021

RESTRUCTURING- PART 1: PURSUING THE PERFECT STRUCTURE

Welcome to our restructuring series. Asset protection is a major driver of restructuring and involves different components of your business separating from each other and also separating your assets…

Tony Pointon

31 December 2020 Deadline for Amending Discretionary Trusts Which Hold Residential land in NSW

Commercial

December 17, 2020

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…

Simon Della Marta

Heard it through the grapevine: Facebook defamation suit between congregation members leads to >$200,000 judgment

Commercial

December 11, 2020

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…

Carl Millington

Vendor continuing to be employed post-settlement; the interplay between the Sale of Business/Sale of Shares Agreement Restraints and the Employment Contract Restraints

Commercial

November 23, 2020

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…

Tony Pointon, Michael Bishop

Not for Profit entities – what legal structure should be used?

Commercial

October 26, 2020

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…

Tony Pointon, Michael Bishop

Don’t Pay Twice! Business Email Compromise

Commercial

October 21, 2020

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…

Simon Della Marta, Andrew Cox

The Racing Industry during 2020 and the ‘Fred’ Racehorse Ownership App

Commercial

August 25, 2020

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…

Tony Pointon, Michael Bishop

Sale or purchase of financial planning practices

Commercial

August 14, 2020

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…

Michael Bishop, Andrew Cox