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New ways of working during the latest Victorian lockdown

Commercial

August 5, 2020

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…

Michael Bishop, Ben Drysdale, Amelita Hensman

Commercial

June 25, 2020

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…

Felicity Cara-Carson

Commercial

May 4, 2020

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…

Tony Pointon, Andrew Pointon

Commercial

May 4, 2020

Victorian Regulations Affecting Commercial Leases During COVID-19 Finally Released (4 May 2020)

New Victorian Regulations designed to mitigate the effect of the COVID-19 (coronavirus) pandemic on “eligible leases” in Victoria have finally been released. They shall apply retrospectively from 29…

Pointon Partners

Commercial

April 8, 2020

PM Announces Details of Mandatory Code of Conduct for Commercial Leases: COVID-19 UPDATE (8 April 2020)

The Prime Minister announced yesterday the introduction of The Mandatory Code of Conduct (the Code). The Code sets out a series of guidelines for negotiated solutions to financial distress caused by…

Pointon Partners

Commercial

March 30, 2020

Commercial Lease COVID-19 Update (30 March 2020): PM announces 6 month moratorium on termination of commercial leases, urges landlords and tenants to renegotiate lease terms

Following our previous update on the escalating COVID-19 situation in the commercial lease context, the Prime Minister has just announced a 6 month moratorium on termination of commercial and…

Pointon Partners

Commercial

March 27, 2020

Commercial & Retail Leases in the COVID-19 Environment – Tips for Tenants & Landlords

Just like many other sectors, retail and commercial tenants and landlords are currently under pressure and desperate to know what their options are in the current COVID-19 crisis. There have been…

Pointon Partners

Commercial

March 20, 2020

COVID-19 Newsletter Update

From a legal perspective, the COVID-19 virus has raised substantial questions in relation to a range of issues across multiple sectors of industry. Some of those issues relate to insurance and the…

Simon Della Marta, Andrew Cox, Andrew Kaspen

Corona-virus and the Implications for the Workplace

Commercial

March 18, 2020

Corona-virus and the Implications for the Workplace

As coronavirus (COVID-19) continues to spread across the globe, employers are grappling with how best to protect and manage their employees in these very unusual circumstances. Pointon Partners has…

Michael Bishop, Ben Drysdale, Amelita Hensman

Commercial

October 24, 2019

AMP Changes to BOLR Policy

We are very aware that the changes to the BOLR Policy announced by AMP on 8 August 2019 have created considerable uncertainty for AMP financial planners. Those changes consist of reducing the 4x…

Michael Bishop, Andrew Cox

Commercial

September 19, 2019

Lost Trust Deeds – Find Your Pathways

A party affected by a lost trust deed would expect much inconvenience and frustration. This article examines the two main pathways available and the relevant pointers that will come in handy should…

Michael Bishop

A Health Check on Your Privacy Obligations

Commercial

September 5, 2019

A Health Check on Your Privacy Obligations

If you or your business are deemed a “health service” provider and hold “health information” for the purposes of the Privacy Act 1988 (Cth) (“Privacy Act”), then you need to be aware of your…

Felicity Cara-Carson, Jessica Tomlinson

Gym Operators Hiring Personal Trainers – Make Sure You Consider the Options and Understand the Legal Consequences of Getting it Wrong

Commercial

August 14, 2019

Gym Operators Hiring Personal Trainers – Make Sure You Consider the Options and Understand the Legal Consequences of Getting it Wrong

Gym operators hiring personal trainers –make sure you consider the options and understand the legal consequences of getting it wrong Commercial gyms may engage personal trainers to work with their…

Michael Bishop, Ben Drysdale

Retaining and Incentivising Key Employees

Commercial

June 20, 2019

Retaining and Incentivising Key Employees

Retaining and incentivising key employees is an issue that nearly all businesses must confront at certain stages of their development and expansion. Generally, multiple options are available with…

Pointon Partners

M&A Update: The Importance of Apportioning the Purchase Price in a Sale of Business Agreement

Commercial

May 17, 2019

M&A Update: The Importance of Apportioning the Purchase Price in a Sale of Business Agreement

Apportioning the purchase price in a sale of business agreement among the various assets being sold and purchased may help avoid tax headaches in the future. A sale of business comprises the sale and…

Pointon Partners

Commercial

March 21, 2019

Court Puts the Brakes on Ultra Tune

By a decision of the Federal Court on 18 January 2019 by Justice Bromwich national franchisor Ultra Tune was ordered to pay fines totaling $2,604,000. The fines (known as pecuniary penalties) sought…

Simon Della Marta

Shareholders’ Agreement – Your Legal Relationship Document

Commercial

March 18, 2019

Shareholders’ Agreement – Your Legal Relationship Document

When you go into business with other stakeholders you should have a document in place which sets out the legal relationship between you and the other business owners. Most company constitutions, unit…

Simon Della Marta

Commercial

February 26, 2019

How Secure is Your Legal Relationship?

In any business arrangement it is important to ensure the legal relationship between the various interests is carefully defined and documented. In the Hollywood blockbuster movie, The Social Network,…

Pointon Partners

Commercial

February 22, 2019

Asset Protection

Protecting your hard-earned assets from legal liabilities and claims makes a lot of sense and involves forward thinking and planning. Ideally, you would like to ensure that your wealth-creation…

Pointon Partners

Beware of Warranties and Representations in a Sale of Business – Vendors may be ordered to repay significant amounts

Commercial

February 19, 2019

Beware of Warranties and Representations in a Sale of Business – Vendors may be ordered to repay significant amounts

In the context of a sale of business, careful consideration must be given to warranties contained in the sale of business agreement, along with any representations made about the present and future…

Pointon Partners

Banking Royal Commission Final Report – Implications for the Financial Planning Industry

Commercial

February 11, 2019

Banking Royal Commission Final Report – Implications for the Financial Planning Industry

The Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was handed down on 4 February 2019. The Commissioner, the Honourable Kenneth…

Michael Bishop

Acquisition of part interests in Pharmacies

Commercial

October 2, 2018

Acquisition of part interests in Pharmacies

Pointon Partners has handled the sale and purchase of dozens of pharmacies over the last fifteen years. We have considerable experience in acting for vendors of pharmacies as well as purchasers of…

Michael Bishop, Felicity Cara-Carson

Are your contracts unfair? Don’t get caught out by the unfair terms legislation now applying to business to business contracts

Commercial

September 21, 2018

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…

Pointon Partners

Do you need to comply with Europe’s General Data Protection Regulation?

Commercial

June 12, 2018

Do you need to comply with Europe’s General Data Protection Regulation?

On 25 May 2018 the new European Union General Protection Regulation (the GDPR) came into force. The GDPR regulates the handling of personal data by “controllers” and “processors”, irrespective of…

Felicity Cara-Carson, Jessica Tomlinson

Suppliers and lenders take note – Ensure that personal guarantees have been drafted and executed properly before advancing credit to customers

Commercial

May 16, 2018

Suppliers and lenders take note – Ensure that personal guarantees have been drafted and executed properly before advancing credit to customers

The recent case of FJ & SM Monaghan Pty Ltd v Slade [2018] NSWCA 79 has reiterated the importance of suppliers and lenders obtaining personal guarantees that have been carefully drafted in order…

Ben Drysdale

6 New Year’s resolutions for your business – Legal tips for development and success

Commercial

January 12, 2018

6 New Year’s resolutions for your business – Legal tips for development and success

The start of the calendar year is a great time for businesses to take stock of their current practices, policies and documentation in order to identify potential risks and opportunities for…

Michael Bishop, Ben Drysdale

Management of Kindergartens – Navigating a legal minefield

Commercial

November 28, 2017

Management of Kindergartens – Navigating a legal minefield

Kindergartens in Victoria have to comply with a myriad of legislative obligations which can seem a minefield for the unsuspecting parent volunteer who finds themselves on a Committee of Management.…

Amelita Hensman

Consumer watchdog on the hunt for unfair terms in B2B contracts

Commercial

November 2, 2017

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…

Pointon Partners

Potential liability of franchisors and holding companies for breach of workplace laws – Vulnerable workers legislation commences

Commercial

November 1, 2017

Potential liability of franchisors and holding companies for breach of workplace laws – Vulnerable workers legislation commences

Extended liability for franchisors and holding companies Recently, the Fair Work Act has undergone a number of amendments as a result of the Fair Work Amendment (Protecting Vulnerable Workers) Bill…

Michael Bishop

Crowd-sourced funding for proprietary companies: Differences between exposure draft and bill

Commercial

October 9, 2017

Crowd-sourced funding for proprietary companies: Differences between exposure draft and bill

The Corporations Amendment (Crowd-sourced Funding for Proprietary Companies) Bill 2017 ( Bill ) has now been introduced into Parliament. The Bill “sets out amendments to the Corporations Act 2001 (…

Jessica Tomlinson

Buying, selling and moving accident tow truck licences in Victoria

Commercial

October 9, 2017

Buying, selling and moving accident tow truck licences in Victoria

Obtaining an accident towing licence in Victoria is far more difficult than one might assume. The number of towing licences is fixed by the Minister for Roads, and with a sufficient number of…

Michael Bishop, Ben Drysdale

Are you ready for the new Privacy Mandatory Data Breach Notification Regime?

Commercial

August 3, 2017

Are you ready for the new Privacy Mandatory Data Breach Notification Regime?

The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) ( Act ) amends the Privacy Act 1988 (Cth) ( Privacy Act ) to introduce mandatory data breach notification provisions for organisations,…

Felicity Cara-Carson, Jessica Tomlinson

Cloud-Based Hosting Of Personal Details – What Are The Implications For Your Business?

Commercial

June 22, 2017

Cloud-Based Hosting Of Personal Details – What Are The Implications For Your Business?

With many companies now moving their data storage to the cloud, or considering the cost-saving benefit of doing so, it is important to be aware of the risks associated with contracting a company…

Michael Bishop, Ben Drysdale

Federal Government Amends Registration Requirements For PPS Leases: Minimum Duration Is Now 2 Years

Commercial

June 21, 2017

Federal Government Amends Registration Requirements For PPS Leases: Minimum Duration Is Now 2 Years

The Federal Government has introduced changes to the Personal Property Securities Act (PPSA) with the enactment of the Personal Property Securities Amendment (PPS Leases) Act 2017. The amendments…

Michael Bishop

Commercial

June 1, 2017

Family business succession planning

Operating a business presents numerous challenges, whether this be at the inception of the business, during its regular lifecycle, or upon winding down or ownership transition. One of the many…

Tony Pointon, Felicity Cara-Carson

Land banking and primary production exemption from land tax – are they mutually exclusive?

Commercial

May 30, 2017

Land banking and primary production exemption from land tax – are they mutually exclusive?

At first thought, ‘land banking’ and primary production exemption from land tax would appear to be mutually exclusive. A landowner’s intention when land banking is to profit from future sale of its…

Pointon Partners

Selling a Business and the Transfer of Employee Entitlements

Commercial

May 18, 2017

Selling a Business and the Transfer of Employee Entitlements

The sale of a business involves the transfer of particular assets of the business from the Vendor to the Purchaser. This may include, amongst others, goodwill, plant and equipment, stock,…

Michael Bishop, Felicity Cara-Carson, Jessica Tomlinson

Time Running Out To Rectify Security Interests in Personal Property

Commercial

January 24, 2017

Time Running Out To Rectify Security Interests in Personal Property

Holders of registered security interests in personal property are urged to check their registrations before 31 January 2017, as the final transitional period for the Personal Property Securities…

Pointon Partners

The Effect of Reinstatement on a Company’s Dealings

Commercial

October 18, 2016

The Effect of Reinstatement on a Company’s Dealings

It is not uncommon that a company is deregistered by ASIC without the knowledge of the company’s directors. Deregistration will have a significant effect on the company and on the business carried…

Pointon Partners

Commercial

October 18, 2016

The Effect of Reinstatement on a Company’s Dealings

Pointon Partners

Commercial

July 25, 2016

Timbercorp Growers Alert

Significant factual issues arise from the Timbercorp Almond Project 2007 in addition to general concerns and defences Pointon Partners Lawyers have raised in respect of all Timbercorp projects. If…

Pointon Partners

Accident Towing in Victoria – A Review into the Industry

Commercial

March 18, 2016

Accident Towing in Victoria – A Review into the Industry

Accident towing licences are a scarce commodity, as the market to buy and sell them is highly regulated. It therefore comes as no surprise that licence holders were eagerly awaiting the release of a…

Pointon Partners

EXTENDING UNFAIR CONTRACT TERM PROTECTIONS TO SMALL BUSINESSES – LEGISLATIVE REFORM

Commercial

May 6, 2015

EXTENDING UNFAIR CONTRACT TERM PROTECTIONS TO SMALL BUSINESSES – LEGISLATIVE REFORM

The Australian Consumer Law (ACL) and the Australian Securities and Investments Commission Act 2001 (ASIC Act) both include unfair contract term protections, however currently these protections are…

Pointon Partners

How Will the New Franchising Code Affect Franchisors

Commercial

November 11, 2014

How Will the New Franchising Code Affect Franchisors

Significant amendments to the Franchising Code of Conduct ( Code ) are scheduled to take effect on 1 January 2015 and will apply to all franchise agreements entered into or renewed on after 1 January…

Pointon Partners

Licence to Tow – Buying and Selling Tow Truck Licences in Victoria

Commercial

October 15, 2014

Licence to Tow – Buying and Selling Tow Truck Licences in Victoria

Buying and selling tow truck licences (which can sell for up to several hundred thousand dollars each) can be a tricky business. Due to their scarcity, their cost and the cost of getting it wrong,…

Pointon Partners

Do you use a “retention of title” clause in your business terms of trade?

Commercial

May 19, 2014

Do you use a “retention of title” clause in your business terms of trade?

If you do you must (if you are not already doing so) register your security interest in the goods sold on the Personal Property Securities Register ( PPSR ) or risk losing the goods even though you…

Pointon Partners

PPSR Alert: Get Your Processes Right or Risk Enforcement Catastrophe

Commercial

May 2, 2014

PPSR Alert: Get Your Processes Right or Risk Enforcement Catastrophe

How We Can Help Navigate the PPSR Maze Many of our clients have been struggling to come to terms with the practical implications the Personal Property Securities Register ( PPSR ) has on their…

Pointon Partners

Commercial

March 25, 2014

New Privacy and Information Laws

On 12 March 2014 there was a significant update made to Australian Privacy and Information Laws, marking a significant change in the way Australian businesses deal with customer data. Please see…

Pointon Partners

Restraint of Trade & Adequacy of Damages

Commercial

February 28, 2014

Restraint of Trade & Adequacy of Damages

The Victorian Supreme Court’s recent decision in Idameneo (No. 123) Pty Ltd v Deady [2013] VSC 727 ( Idameneo ) demonstrates that Victorian courts will look beyond pre-agreed liquidated damages…

Pointon Partners

Commercial

February 28, 2014

Restraint of Trade & Adequacy of Damages

The Victorian Supreme Court’s recent decision in Idameneo (No. 123) Pty Ltd v Deady [2013] VSC 727 ( Idameneo ) demonstrates that Victorian courts will look beyond pre-agreed liquidated damages…

Pointon Partners