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: , , |

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: , , |

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+10:00January 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+10:00November 12th, 2018|Categories: Insolvency|Tags: , , |

How the Court assesses competing applications for substitution in winding up applications

Pointon Partners regularly appears for creditors at winding up applications in the Supreme Court of Victoria. Creditors owed debts by companies subject to winding up proceedings commenced by others may appear at such hearings as ‘supporting creditors’. Commonly, a company attempting to stave off being wound up, will source funds [...]

2018-08-31T11:00:01+10:00July 16th, 2018|Categories: Insolvency|Tags: , |

Telco’s go head to head in advertising tussle: Telstra Corporation Ltd v Singtel Optus Ltd [2018] VSC 247

Pointon Partners are regularly asked to advise clients as to their prospects of obtaining an urgent interlocutory injunction. Common examples include: preventing a competitor from publishing misleading advertising material; preventing former employees or contractors from disclosing sensitive confidential information to competitors or to the market at large; and preventing disgruntled [...]

2018-08-23T18:44:51+10:00July 4th, 2018|Categories: Litigation|Tags: , |

Victoria’s real estate industry thrown into chaos after Court denies estate agent’s right to receive commission – Floodgates open for claims by vendors/developers seeking to recover commission paid

A recent decision of the Victorian Court of Appeal in Advisory Services Pty Ltd (trading as Ray White St. Albans) v Augustin & Anor [2018] VSCA 95 (Advisory Services) is sure to strike fear in the heart of estate agents, particularly those acting for developers. The decision of Victoria’s highest [...]

2018-08-23T15:24:55+10:00May 31st, 2018|Categories: Property|Tags: , |

What is “Protection Work” under the Building Act 1993 (Vic)?

For the uninitiated, being served with a Form 3 "Protection Work Notice" can be confusing. We have endeavoured to provide a short explanation of what "Protection work" actually is, and the process involved. Building Permit If a building permit is required, then before it is granted, one of the things [...]

2018-08-23T15:37:35+10:00March 23rd, 2018|Categories: Property|Tags: , |