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 wrongCommercial gyms may engage personal trainers to work with their clientele and add value to the overall membership experience. Gym operators need to consider their approach to engaging personal trainers to maximise [...]

2019-08-14T15:33:24+10:00August 14th, 2019|Categories: Commercial, Employment Law|Tags: , |

Time is running out for labour hire providers to apply for a licence – Victorian Labour Hire Authority to manage new licensing regime

Following the introduction of the Labour Hire Licensing Act 2018 (“Act”) providers and hosts in the Victorian labour hire industry will be subjected to greater scrutiny and regulation, beginning with the requirement to obtain a licence on or before 29 October 2019. Under the threat of heavy penalties, from 30 [...]

2019-07-04T11:00:43+10:00July 4th, 2019|Categories: Employment Law|Tags: , |

Misleading and Deceptive Conduct and Misrepresentations Induced Investments into Failed Companies: Investors Recover from Former Directors

In an application before the Federal Court, investors in a failed group of companies have recovered their lost money from the group’s former directors directly. The Court held that the directors’ misleading and deceptive conduct induced the investments and awarded damages in respect of the misrepresentations made. Background The two personal [...]

2019-06-18T15:31:49+10:00June 18th, 2019|Categories: Litigation|Tags: , , |

Business Employment Starter Pack

Pointon Partners is pleased to announce that we have a package to help new or established businesses that do not have their employment arrangements documented. The package for $2,000 exclusive of GST includes: A comprehensive employment contract for full time employees; Dismissal handbook which guides an employer through the various [...]

2019-06-06T11:56:22+10:00June 6th, 2019|Categories: Employment Law|Tags: , , |

Ex-employees poaching clients and the misuse of an employer’s confidential information

In the wake of a recent decision by the Supreme Court of Victoria, employers are reminded that their clients are not automatically off-limits to ex-employees. Where clients transfer their business to former staff, employers must act quickly and decisively to enforce any applicable post-employment covenants and be prepared to obtain and [...]

2019-05-27T15:23:56+10:00May 27th, 2019|Categories: Employment Law, Litigation|Tags: , , |

Casual Employment – New amendment to mitigate against ‘double dipping’ outcomes for employees

Employers have recently received some legislative support with regards to casual employees who successfully claim for accrued annual leave and other permanent benefits. As discussed in our recent article on the decision of WorkPac Pty Ltd v Skene [2018] FCAFC 131, an employee may successfully claim that they have been [...]

2019-02-04T15:36:33+11:00February 4th, 2019|Categories: Employment Law|Tags: , , |

Reminder of Relevant Principles in Applications for Extension of Time to Convene Creditors’ Meetings

Administrators often find themselves in a position where they need or desire further time to convene a second creditors’ meeting. The recent Federal Court case of Farnsworth v About Life Pty Limited (Administrator Appointed), in the matter of About Life Pty Limited (Administrator Appointed) [2019] FCA 11, provides a useful summary [...]

2019-01-31T16:00:33+11:00January 31st, 2019|Categories: Corporate, Insolvency, Litigation|Tags: , , |

Liquidators given Court’s approval to compromise judgment debts

In the recent decision of Sheahan, in the matter of BCI Finances Pty Limited (in liq) [2018] FCA 1499, Justice White of the Federal Court approved the entry by liquidators into an agreement compromising the debts owed to companies to which they were appointed. The case serves as a useful [...]

2018-11-13T10:23:34+11:00November 12th, 2018|Categories: Insolvency|Tags: , , |

WARNING – Review of Casual Employment Arrangements

Employers are warned to review their working arrangements with long term casuals following the recent decision of the Full Federal Court in WorkPac Pty Ltd v Skene [2018] FCAFC 131. That case resulted in an employee, who had been engaged and paid as a casual employee, bringing a successful claim against [...]

2018-09-27T11:51:28+10:00September 27th, 2018|Categories: Employment Law|Tags: , , |

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 to enforce them. The importance of properly drafted guarantees Although judgement was eventually awarded against the guarantors, [...]

2018-08-23T15:30:01+10:00May 16th, 2018|Categories: Commercial|Tags: , |