News & Publications

Taxation

March 6, 2025

Common Employee or not? When grouping provisions do not apply

It is a common misconception that only related entities may be grouped under the Payroll Tax Provisions. However, this is often not the case as many of our matters have consisted of several unrelated…

Tony Pointon, Andrew Pointon

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

Employment Law

January 17, 2025

New Wage Theft Laws: What Employers Need to Know to Avoid Criminal Charges

As of 1 January 2025, employers can face criminal charges for intentionally underpaying wages or entitlements. The new wage theft laws are part of the Closing Loopholes legislative changes, and…

Michael Bishop, Amelita Hensman

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

Property

December 17, 2024

Vacant Residential Land Tax Exemptions and Significant Amendments to Holiday Home Exemption – Do not Buy your New Holiday House in a Family Trust

On the 3 rd December 2024, the State Taxation Further Amendment Act 2024 (‘Amending Act’) introduced significant changes to several taxes, foremost of which include the exemptions in the vacant…

Tony Pointon, Andrew Pointon, Abdul Torabi

Property

December 11, 2024

Temporary Changes to Off-the-Plan Duty Concessions

On 19 November 2024, the Duties Amendment (More Homes) Act 2024 (Vic) (‘ the Act’ ) received Royal Assent. The Act introduces temporary changes to the off-the-plan land transfer duty concession,…

David Mazzeo, Abdul Torabi

Insolvency

December 11, 2024

The Often Overlooked Equity of Exoneration: How It Could Save Your Family Home

With insolvencies surging by 43% in the quarter ending 29 September 2024, many small and medium businesses — and their owners — are feeling the financial strain. For directors and their families, the…

Carl Millington

Litigation

December 11, 2024

Repainting and Recarpeting Clauses in Retail Leases: What Every Landlord and Tenant Needs to Know

Disputes commonly arise between landlords and tenants in relation to obligations imposed on the tenant to repaint and recarpet the premises. A recent decision from the Victorian Civil and…

Carl Millington

Intellectual Property

December 6, 2024

United States Patent and Trademark Office (USPTO) Increases to Trademark Fees and Changes starting 18 January 2025

From 18 January 2025, the United States Patent and Trademark Office (“USPTO”) will adjust its fees, with its rationale being that these increases are necessary to provide themselves with the…

David Mazzeo, Stefano Mazzeo

Property

December 6, 2024

Vacant Residential Land Tax Expansion and Key Changes for Property Owners in Victoria Starting January 2025

Owners of vacant properties outside of inner/middle Melbourne ought to know of an expansion to the Vacant Residential Land Tax (“VRLT”) starting from 1 January 2025. Starting next year, properties…

Tony Pointon, Andrew Pointon

Taxation

November 21, 2024

Contract Nomination Exercise – Unpacking the Double Duty Trap – Inherent Risks in Land Developments and Additional Consideration for Property Transactions in Victoria

A common issue our taxation team encounters in relation to a property transaction is the imposition of double stamp duty on purchasers. This occurs as a result of a second sale of land to a…

Tony Pointon, Andrew Pointon

Employment Law

November 14, 2024

Employer liability for work Christmas parties

It’s that time of year again when work Christmas parties are being planned. The annual office Christmas party is an occasion to relax and celebrate the year’s accomplishments. However too often…

Michael Bishop, Amelita Hensman

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

Employment Law

November 4, 2024

Racing Clubs Face the Superannuation Stakes

In late July 2024, the AAT held that pursuant to the Superannuation Guarantee (Administration) Act 1992 (“SG Act”), jockeys who raced at tracks owned by five race clubs between the period of 2009 to…

Michael Bishop, Amelita Hensman

Taxation

October 29, 2024

Uber’s Legal Lift: Tax Assessments Take a Backseat – Uber Successful in Challenging SRO’s Payroll Tax Assessment of $81m

On Friday, 6 September 2024, The Supreme Court of NSW ruled in favour of Uber in Uber Australia Pty Ltd v Chief Commissioner of State Revenue [2024] NSWSC 1124. Chief Justice Hammerschlag ruled that…

Tony Pointon, Andrew Pointon

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

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

Intellectual Property

October 16, 2024

Disney’s Shift in Legal Strategy: A Case Study in Contractual Disputes and Arbitration Clauses

In October 2023, Jeffrey Piccolo faced a devastating loss when his wife, Dr. Kanokporn Tangsuan, passed away due to a fatal allergic reaction at Raglan Road Irish Pub in Disney Springs, part of the…

David Mazzeo, Stefano Mazzeo

Employment Law

October 15, 2024

Unfair Contract Terms: New Avenues for Independent Contractors to Pursue Claims

From 26 August 2024, changes to the Fair Work Act 2009 will occur in respect of independent contractors and unfair contract terms. In substance, these changes enable independent contractors who earn…

Michael Bishop, Ben Drysdale

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

Employment Law

August 26, 2024

Right to Disconnect Rules Commence

We refer to our previous update titled “New Reform giving employees the right to disconnect”. These changes have now commenced, effective 26 August 2024. Employees who are employed by a large…

Michael Bishop, Amelita Hensman

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

Employment Law

July 22, 2024

Increase in High Income Threshold

Unfair Dismissal Employers should be aware of certain changes regarding the unfair dismissal provisions. For the unfair dismissal provisions to apply, assuming the employee has completed the minimum…

Michael Bishop, Amelita Hensman

Employment Law

June 7, 2024

$4 Million Consequence for Falsified Records and Wage Theft

The Federal Court of Australia has found restaurant chain Din Tai Fung’s guilty of wage theft imposing fines of $4 million. The case was bought before the courts by the Fair Work Ombudsman (FWO)…

Michael Bishop, Amelita Hensman

Taxation

May 22, 2024

Vesting Interests: Stamping Out Capital Confusion – CGT and Victorian Stamp Duty Consequences of a Trust Vesting

In our collective experience, our Taxation Team has observed that there have been innumerable family trusts that have been established in the 70s and 80s prior to the introduction of Capital Gains…

Tony Pointon, Andrew Pointon

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

Intellectual Property

May 17, 2024

European Union Artificial Intelligence Act

In this digital age, it is interesting to note that legislation known as the “Artificial Intelligence Act” (“Act”) was recently approved by the European Parliament on March 13, 2024. [1] The Act aims…

Felicity Cara-Carson

Property

April 26, 2024

Matching the Settlement Receipts to the CGT Liability: Returning CGT and Remission of Interest Applications in Respect of Delayed Property Developments

In the case of delayed property settlements that are on capital account and subject to Capital Gains Tax, these taxpayers should be aware of taxation consequences for delayed settlements as well as…

Tony Pointon

April 18, 2024

Pointon Partners AGM LAWORLD SYDNEY

Further reflecting on the success of the AGM of LAWorld in Sydney, with some additional photos of our team at the fantastic event. We again give thanks to all of our LAWorld network for a successful…

Simon Della Marta, Tony Pointon, David Mazzeo, Michael Bishop, Felicity Cara-Carson, Stefano Mazzeo, Ben Drysdale

Employment Law

April 18, 2024

Pointon Partners Employment Law Seminar: Closing the Loopholes – Is your business ready for the changes?

Is your business ready for the changes that will come into effect due to the Fair Work Legislation Closing Loopholes? Join us for a seminar as our Employment team discuss: Changes to the test for…

Michael Bishop

Litigation

April 15, 2024

Tenant entitled to terminate commercial lease after landlord fails to investigate potential structural defects: Brotherhood of St Laurence v Sarina Investments Pty Ltd [2024] VSCA 46

Who should read this article? Commercial landlords and tenants. The article will also be relevant to commercial property managers who are often the first port-of-call when these issues arise. In a…

Carl Millington

Intellectual Property

April 10, 2024

The Battle of the Jars

Legal action has been initiated in the Federal Court of Australia between Koninklijke Douwe Egberts BV (“KDE”) and Jacobs Douwe Egberts AU Pty Ltd (“JDE”), as the applicants, with respect to the…

Felicity Cara-Carson

April 4, 2024

LAWORLD SYDNEY

Pointon Partners had a great time at the 2024 LAWorld Sydney AGM with a number of our Partners and Associate Partners in attendance. A great opportunity to connect with our international colleagues,…

Tony Pointon, David Mazzeo, Michael Bishop

April 3, 2024

SYDNEY CLIENT FUNCTION

Pointon Partners Melbourne and Sydney offices were pleased to hold a joint function for staff and clients of at the renowned Museum of Contemporary Art in Circular Quay, Sydney overlooking incredible…

Simon Della Marta, Tony Pointon, David Mazzeo, Michael Bishop

Employment Law

April 2, 2024

Non-work related injuries – What can the Employer do?

Managing a situation involving an employee suffering non-work related injuries can be challenging, and often difficult to navigate. It is widely misunderstood by employers that non-work related…

Michael Bishop, Amelita Hensman

April 2, 2024

Melbourne Food and Wine Festival 2024- Longest Lunch

Pointon Partners are pleased to have been the lawyers for the Melbourne Food and Wine Festival 2024, making our association with this fabulous Victorian major event extend beyond twenty years. The…

Tony Pointon, David Mazzeo, Michael Bishop

Intellectual Property

March 14, 2024

Burger Brawl: Hungry Jack’s’ BIG JACK not deceptively similar to McDonald’s’ BIG MAC

In McD Asia Pacific LLC v Hungry Jack’s Pty Ltd , [1] the Federal Court dismissed McDonald’s trade mark infringement claim against Hungry Jack’s for using BIG JACK and MEGA JACK in relation to…

David Mazzeo, Stefano Mazzeo

Employment Law

February 22, 2024

New Reform giving employees the right to disconnect

A new Bill, Closing Loopholes No 2, has passed Parliament on 12 February 2024, introducing new reforms allowing employees to disconnect outside work hours. The legislation has come about from a push…

Michael Bishop

Intellectual Property

February 22, 2024

Australian Trade Mark Register to Undergo International Harmonisation in 2024

On March 2024, Australia is set to replace its existing Goods and Services pick list with the Madrid Goods and Services list (“MGS list”). Our current pick list is a searchable list of over 60,000…

David Mazzeo, Stefano Mazzeo

Taxation

February 15, 2024

Employees versus Contractors: ATO Indicators and Audit Resource Allocation

The ATO has also released their Practical Compliance Guideline 2023/2 which sets out the approach of the Commissioner to businesses that classify their workers as either employees or independent…

Tony Pointon, Andrew Pointon

Taxation

February 15, 2024

Importance of the original employment contract in respect of determining who is an employee for PAYG

Late last year, the ATO released their new Taxation Ruling 2023/4 which sets out the ATO’s view on whether a worker is an independent contractor or employee. The purpose of this ruling is to assist…

Tony Pointon, Andrew Pointon

Taxation

February 15, 2024

Balancing the Books: The Importance of Proper “Paper” Trails for Calculation, Claiming and Audit Purposes

Taxpayers should be reminded of keeping up to date and accurate records of their assets, especially when those assets are disposed of. Not only is it an offence to fail to keep accurate records, but…

Tony Pointon, Andrew Pointon

Employment Law

February 12, 2024

Pointon Partners Employment Law Seminar: Employee Share and Option Schemes

We continue to see strong interest from employer clients in the establishment of employee share or option schemes as a means of attracting, motivating and retaining staff. Join us for a seminar as…

Michael Bishop

Taxation

January 30, 2024

Owies v JJE Nominees: The trustees consideration of beneficiaries in income distributions and the written reasons conundrum – Further when is a trustee not acting in the best interests of the beneficiaries and can be replaced by the Court

The landmark Victorian Supreme Court appeal case of Owies v JJE Nominees Pty Ltd (2022) VSCA 142 (Owies) has highlighted issues relating to the exercise of the power of trustees in discretionary…

Tony Pointon, Andrew Pointon

Employment Law

January 29, 2024

Home Sweet Hostility: FWC Rules that Working from Home on Mandatory Office Days is not a Valid Reason for Dismissal

Late last year, our Employment Team covered the case in which an employee was validly dismissed for failing to be present in the office during her mandatory office days . A recent Fair Work decision…

Michael Bishop, Amelita Hensman

Employment Law

December 20, 2023

Employment Law Update – Office Closure Periods

A ruling earlier this year from the Fair Work Commission has changed the rules around employee leave during office closure period. As a result of this 4 yearly review of modern awards, from 1 May…

Michael Bishop

Taxation

November 23, 2023

The Three Silos for Tax-Efficient Business Restructuring

In the context of small businesses, a restructure can afford significant advantages ranging from decreased operational costs, increased efficiency and communication as well as simplifying management.…

Tony Pointon, Andrew Pointon

Employment Law

October 31, 2023

The Positive Duty on Employers to Eliminate Sexual Harassment

The positive duty was introduced into the Sex Discrimination Act 1984 (Cth) ( SDA ) in December 2022 and was a key recommendation of the Australian Human Rights Commission’s ( Commission ) landmark…

Michael Bishop, Amelita Hensman

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

Taxation

October 17, 2023

Prescriptions for Payroll Tax: Navigating Payroll Tax Liability in Medical Practice Agreements

Medical practice owners should be aware that agreements entered into with medical practitioners for the use of shared administrative and medical support services as well as the use of rooms may…

Tony Pointon, Andrew Pointon