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 […]
The post Gym Operators Hiring Personal Trainers – Make Sure You Consider the Options and Understand the Legal Consequences of Getting it Wrong appeared first on Pointon Partners.

The Land Tax Act 2005 (Vic) (“the Act”) imposes land tax on all taxable land in Victoria, with the owner of the particular land liable to pay land tax on 31 December of each calendar year. The rate of land tax is stipulated in Schedule 1 of the Act, with […]
The post State Taxation Series: Issue #1 – Section 46F (Nomination of beneficiary of pre-2006 discretionary trust for land tax purposes) – Are you completely out of time to nominate? appeared first on Pointon Partners.

On 1 July 2019, the high- income threshold increased and is currently $148,700 per annum.  The threshold operates to limit an employee’s eligibility to be protected from unfair dismissal as defined in the Fair Work Act 2009 (Cth) (FWA) and is adjusted annually. This means that an employee who is not […]

In line with recent legislative changes, all vendors under an off-the-plan contract will no longer be able to exercise its sunset date termination rights without first: giving written notice to the purchaser 28 days before the proposed rescission setting out certain prescribed details; and obtaining each purchaser’s written consent to […]

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 […]

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 pros and cons that need to be carefully considered based on the circumstances of the relevant business. The most commonly used incentives are […]

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 […]

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 […]

Whilst homes in Victoria that are occupied as a principal place of residence are exempt from Land Tax, building works or disputes that result in homes being unoccupied for extended periods of time can have the unexpected result of a Land Tax liability. These assessments can be particularly frustrating if […]

With the prevalence of the internet and social media, growing your brand and your business and connecting with markets overseas has never been easier.  In navigating this era of globalisation, it is important that business owners trading under valuable brand names or using other types of trade marks in the operation […]

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 […]

In the recent decision of Fair Work Ombudsman v Spotless Services Australia Ltd [2019] FCA 9, the Federal Court found that three employees terminated after Spotless lost a key contract with Perth International Airport were owed redundancy pay, despite Spotless asserting that an exception applied.General principles of redundancy payUnder s 119(1)(a) […]

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 Madison Hayne AC QC, outlined a number of key recommendations to address the issues identified by the Commission. These are likely […]

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 performance of the business.  Unwary vendors may find themselves defending Court proceedings for breach of warranty or misleading or […]

Be Wary if you are borrowing money from an overseas entity to purchase an investment property which is not in the usual business of lending money. If you are an Australian citizen and resident of Australia for tax purposes and you are purchasing an investment property (which is not a new […]

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 structures are separated from “risky business”. Any entity conducting business is at risk because of the nature of its pursuits.  It is […]

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, the undefined relationship between co­ founders Mark Zuckerberg and Edwardo Saverin led to litigation which fortunately for the parties involved led to […]

By a decision of the Federal Court on 18 January 2019 by Justice Bromwich[i] national franchisor Ultra Tune was ordered to pay fines totaling $2,604,000. The fines (known as pecuniary penalties) sought by the ACCC and awarded by the Court were for various breaches of the Franchising Code of Conduct (Code) […]

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 trust deeds or even partnership agreements are not suitable and need to be augmented by an agreement the lays […]