JHK Legal Commerical Articles

The Notifiable Data Breaches Scheme: What You Need to Know

Posted By Matthew Paul on February 21, 2018
The Notifiable Data Breaches Scheme: What You Need to Know

From 23 February 2018, amendments to the Privacy Act 1988 (Cth) (“Privacy Act”) will come into effect. These amendments create a new Notifiable Data Breaches scheme (“NDB scheme”) for many businesses and organisations in Australia, overseen by the Office of the Australian Information Commissioner (“OAIC”).

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Short Term Financing: A ‘timely’ reminder to include within letters of offer time requirements for the acceptance of the terms of loan agreements

Posted By Shannon McCarthy on February 13, 2018
Short Term Financing: A ‘timely’ reminder to include within letters of offer time requirements for the acceptance of the terms of loan agreements

On Friday 2 February 2018, the New South Wales Supreme Court released its decision on the interpretation of the terms of a letter of offer for short term financial accommodation, specifying when fees for preparing loan documentation become payable by the borrower to the lender, in circumstances where the loan did not proceed.

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Void for illegality – a brief case study in judicial interpretation of contracts

Posted By Edward Goh on January 25, 2018
Void for illegality – a brief case study in judicial interpretation of contracts

Some contracts can read like a brilliant novel, some like a highly theoretical thesis on astrophysics. It is important when drafting and interpreting contracts to ensure that one understands the operations of each contractual clause.

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Key PPSA concepts for Businesses

Posted By Belinda Pinnow on December 18, 2017
Key PPSA concepts for Businesses

In Australia, security over personal property is managed by the provisions of the Personal Property Securities Act 2009 (Cth) (PPSA).

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Elements and Benefits of the Offer of Compromise

Posted By Dylan Trickey on December 7, 2017
Elements and Benefits of the Offer of Compromise

The Calderbank Offer has long been a handy tool in the litigators tool kit. However, in recent times the Offer of Compromise has provided practitioners with an alternative approach to settlement of proceedings. This article aims to examine the elements of an Offer of Compromise and briefly look at the benefits over a Calderbank Offer in Victoria.

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Extension of Time for Liquidators to bring Proceedings

Posted By Belinda Melton on November 14, 2017
Extension of Time for Liquidators to bring Proceedings

The Corporations Act 2001 (Cth) (the “Act”), places time limits on when liquidators can bring voidable transaction proceedings. However, it can be difficult for liquidators to always comply with the time limits in place, particularly where they are dealing with large and complicated liquidations and extra time is required to make investigations into the company’s books and records to identify all creditors that may need to be pursued for voidable transaction claims.

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JHK Legal Newsletter – LABOUR HIRE LICENSING ACT 2017 (QLD)

Posted By admin on November 9, 2017
JHK Legal Newsletter – LABOUR HIRE LICENSING ACT 2017 (QLD)

A new labour hire licensing scheme will commence operation in 2018 pursuant to the Labour Hire Licensing Act 2017 (Qld) (‘the Act’). The scheme will apply to all labour hire providers operating in Queensland and will ban business from entering into labour hire arrangements with unlicensed providers. Labour hire providers will need to obtain a yearly, non-transferrable licence, the application and renewal fees for which will range from $1,000 to $5,000.

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Case Summary – Kite v Mooney, in the matter of Mooney’s Contractors Pty Ltd (in liq) (No 2) [2017] FCA 653

Posted By Subhaga Amarasekara on October 9, 2017
Case Summary – Kite v Mooney, in the matter of Mooney’s Contractors Pty Ltd (in liq) (No 2) [2017] FCA 653

The Federal Court of Australia has recently handed down a judgment in the case of Kite v Mooney, in the matter of Mooney’s Contractors Pty Ltd (in liq) (No 2) [2017] FCA 653 with respect to providing judicial advice to insolvency practitioners where they are appointed to an insolvent company which is the corporate trustee of a trading trust.

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Payments from head contractor may not be preferences

Posted By Sarah Jones on September 28, 2017
Payments from head contractor may not be preferences

In July 2017 the Supreme Court of New South Wales handed down the decision in in the matter of Evolvebuilt Pty Ltd [2017] NSWSC 901 (“EB Case”). It provides a useful guide as to when payments from a head contractor to subcontractors may or may not be considered preference payments according to the Corporations Act 2001 (Cth) (“the Act”).[1]

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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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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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