JHK Legal Commerical Articles

Bankrupt? How to Annul your bankruptcy and clear your name.

Posted By Hayley Tibbie on February 19, 2019
Bankrupt? How to Annul your bankruptcy and clear your name.

In most circumstances, the period of bankruptcy lasts three (3) years and one day from the date the bankrupt submits his or her statement of affairs to their trustee. However, even if a bankrupt is discharged, the bankruptcy is recorded on the National Personal Insolvency Index (NPII) permanently on the bankrupt’s name and record.

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Vacant possession and the residential buyer

Posted By Alison De Marco on February 15, 2019
Vacant possession and the residential buyer

When such issues arise buyers commonly believe they are entitled to either terminate the contract or delay settlement until the issues are resolved.  However, it may come as a surprise that most of these issues will not entitle a buyer to terminate or delay settlement.  This is because, even with such issues, technically the seller is still able to give “vacant possession” under the contract.

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Electronic signatures: commentary on the legal framework and a brief guide to the signing requirements

Posted By Kathryn Koutoulas on January 30, 2019
Electronic signatures: commentary on the legal framework and a brief guide to the signing requirements

You have agreed to provide goods or services to your customer on a credit basis. You have issued to your customer a credit application and the documents have been returned having being executed with an electronic signature.

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Queensland’s new subcontractors’ charges legislation – are you referring to the correct legislation when issuing a subcontractors’ charge?

Posted By Nathan Kuster on January 7, 2019
Queensland’s new subcontractors’ charges legislation – are you referring to the correct legislation when issuing a subcontractors’ charge?

On 17 December 2018, chapter 4 of Building Industry Fairness (security of Payment) Act 2017 (Qld) (BIF Act) commenced, resulting in the Subcontractors Charges Act 1974 (Qld) (SC Act) being repelled. With the new legislation has followed some changes that effect those both issuing and receiving notices of claim under the BIF Act.

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PPSR – Time may be running out to extend your registration.

Posted By Alison De Marco on December 17, 2018
PPSR – Time may be running out to extend your registration.

The default registration period starts at 7 years or less, and is the cheapest option when registering a security interest on the PPSR.   What this means is that 7-year registrations will begin to expire from January 2019.

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1 January 2019 is coming – Employers Casual Conversion Obligations

Posted By Alison De Marco on December 12, 2018
1 January 2019 is coming – Employers Casual Conversion Obligations

Casual employees employed under a Modern Award and their employers.  This includes casual employees employed by labour hire employers.  From 1 October 2018 a model “conversion term” has been included in Modern Awards.

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STOP! Don’t sign your Contract for Sale of Real Estate before having it Reviewed by a Properly Qualified Lawyer

Posted By Zoe Marsh on December 5, 2018
STOP!  Don’t sign your Contract for Sale of Real Estate before having it Reviewed by a Properly Qualified Lawyer

It is common practice for real estate agents to negotiate between parties looking to buy and sell property. As a result, most people are unaware of the importance of having a properly qualified lawyer review a draft contract of sale and provide advice in relation to the terms of the contract before it is signed by the parties.

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No difference between liquidation and administration when it comes to distribution of trust funds

Posted By Chiara Becattini on November 13, 2018
No difference between liquidation and administration  when it comes to distribution of trust funds

…in the recent WA Federal Court case of Ross & ors v Manpak Holdings Pty Ltd, in the matter of Manpak Holdings Pty Ltd [2018] FCA 1548 where Justice McKerracher has applied the decision in Killarnee regarding the distribution of pooled trust assets, and confirmed that there is no difference between assets of a company in liquidation and assets held by the administrators of a company subject to a DOCA with respect to the rules of distribution.

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Tips, tricks and traps of debt recovery litigation

Posted By Kate Witt on November 7, 2018
Tips, tricks and traps of debt recovery litigation

Debt disputes have an inherent ability to become protracted, laborious and costly if not approached correctly. However, there are a number of steps that can be undertaken before and during litigation that can greatly assist with your prospects of recoverability if litigation is instigated

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Building licences and insolvency – will I lose my licence?

Posted By Alicia Auden on October 3, 2018
Building licences and insolvency – will I lose my licence?

A common situation is a creditor has been trying to wind up a company after non-compliance with a statutory demand, the company has ended up in liquidation, the director held the Queensland Building and Construction Commission (“QBCC”) licence and then a letter arrives from the QBCC advising that the director’s licence has been cancelled and he or she has been excluded from holding a QBCC Contractor or Nominee supervisor license or from being in a position of influence or control for a QBCC-licenced company. 

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Insolvency

Insolvency

Worried you might lose your business, your livelihood or your home?

If you are the owner or director of a company that cannot meet its financial obligations you might be trading insolvent and you are right to be very concerned.

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What Is Insolvency?

What Is Insolvency?

Insolvency is a term that applies to both companies and to individuals who can no longer meet their financial obligations, however personal insolvency (also known as bankruptcy) only applies to individuals.

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The 7 mistakes people make when they hire an insolvency lawyer

The 7 mistakes people make when they hire an insolvency lawyer

If you’re not sure whether you need to hire an insolvency lawyer or not…it probably means you do.

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