JHK Legal Commerical Articles

Outflanked – High Court of Australia “goes behind” Bankruptcy Court Judgment

Posted By Daniel Johnston on September 18, 2017
Outflanked – High Court of Australia “goes behind” Bankruptcy Court Judgment

On 17 August 2017, the High Court of Australia delivered its judgment in Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28 (Ramsay v Compton). In this case, the High Court has taken a comprehensive look at the Court’s discretion under section 52 of the Bankruptcy Act 1966 (Act) to “go behind” a judgment and scrutinise a debt that forms the basis of a creditor’s petition.

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Retention of Title Clauses and the Registration of Security Interests on the PPSR as a PMSI

Posted By Matthew Paul on August 17, 2017
Retention of Title Clauses and the Registration of Security Interests on the PPSR as a PMSI

When a business sells goods there are many ways to structure payment. JHK acts for a number of clients who have agreed to supply goods to their customers on credit. This can often be commercially advantageous to our clients, but carries risk.

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PPSR Protection in the Event of Insolvency

Posted By Belinda Pinnow on August 1, 2017
PPSR Protection in the Event of Insolvency

As a creditor, the primary purpose of obtaining security over personal property is to have recourse against that secured property in the event of default by the debtor. Any creditor relying on security interests must understand the impact of the PPSA and, moreover, ensure that their security interests are properly perfected to achieve the maximum protection possible in the event of the insolvency of the debtor.

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Insurers, Their Lawyers and Today’s Economic Challenges

Posted By Shan Auliff on July 12, 2017
Insurers, Their Lawyers and Today’s Economic Challenges

Australian Insurers are finding the honeymoon may be over. With floods, fires and cyclones in multiple States of Australia, corporate collapses resulting in multi-million dollar Insurance claims by out of pocket investors and shareholders and the global financial crisis, Insurers are understandably frightened, timid and seeking to minimise their costs wherever possible.

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How effective is your caveat really?

Posted By Matthias Klepper on June 26, 2017
How effective is your caveat really?

A registered mortgage will, in most circumstances, hold priority over any caveats that are registered on title. This means that even if you enforce the judgment and sell the property by way of seizure and sale; if the equity in the property is not enough to satisfy the mortgage, you may not receive any funds from the sale.

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When does the pressure become too much?

Posted By Daniel Paratore on June 15, 2017
When does the pressure become too much?

In the ordinary course of business, there will be times when a debtor simply cannot pay your invoice on time but still requests goods or services from you.

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The quick guide to the duties, powers, and liabilities of being a trustee

Posted By Belinda Pinnow on May 25, 2017
The quick guide to the duties, powers, and liabilities of being a trustee

So, you’ve just been appointed as a trustee – congratulations. It’s just like being a director of a corporation right? Not quite.

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What is the process of issuing a notice under the Subcontractors’ Charges Act 1974 (Qld)?

Posted By Aleksandra Symenovych on May 15, 2017
What is the process of issuing a notice under the Subcontractors’ Charges Act 1974 (Qld)?

A Form 1 Notice of Claim of Charge and Form 2 Notice to Contractor of Claim of Charge Being Given (“the Notices”) are often issued in circumstances where the contractor is experiencing financial difficulties. The construction industry is the second highest industry in number of external administrations between December 2015 and September 2016, at 1530 companies.

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Duties of Directors

Posted By Aamena Hussein on May 3, 2017
Duties of Directors

Being a director of a company comes with certain legal duties and responsibilities. These are often confusing and can catch directors off guard when they are unaware of their obligations. Below, we explain and simplify the main responsibilities of a director.

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Oppression Remedies for Minority Shareholders

Posted By Pinar Acay on March 28, 2017
Oppression Remedies for Minority Shareholders

  All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression. Thomas Jefferson First Inaugural Address, 4…

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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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