JHK Legal Commerical Articles

Property Transactions – New GST Withholding Rules

Posted By Michelle Kelly on August 7, 2018
Property Transactions – New GST Withholding Rules

On 1 July 2018, the Australian Taxation Office (“ATO”) introduced new GST withholding rules for certain property transactions, to deal with the significant loss of revenue that had occurred as a result “phoenix activities” in which GST was collected by some sellers from buyers in property transactions but was not remitted to the ATO.

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Personal Privacy Rights in the Application Generation

Posted By Lauren Clarke on July 23, 2018
Personal Privacy Rights in the Application Generation

In the age of third party Application Programming Interfaces (“APIs”) such as internet banking applications, Facebook and Google Maps, the collection and distribution of personal data is shrouded in mystery. Unless of course you take the time to read the masses of information included in privacy policies.

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How to ensure your Calderbank offer is valid

Posted By Anna Hendriks on July 12, 2018
How to ensure your Calderbank offer is valid

The Calderbank offer derived from the case of Calderbank v Calderbank [1975] 3 All ER 333 (“Calderbank v Calderbank”) and is an offer from one party to the other in order to attempt to resolve a dispute.[1] A Calderbank offer must be a “genuine” offer, and open for a period of time that is reasonable. If the party receiving the Calderbank offers unreasonably rejects the offer, this may result in the rejecting party incurring adverse costs. A Calderbank offer can provide protection for parties who have incurred costs unnecessarily but can only do so if the offer complies with the requirements as set out below….

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How to sign a deed, and why it’s important

Posted By Sarah Jones on July 2, 2018
How to sign a deed, and why it’s important

Deeds are regularly signed incorrectly by individuals, companies and powers of attorney on behalf of parties. A failure to sign a deed correctly can, as its worst consequence, result in the deed being unenforceable. It can also result in things like……

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Sexual Harassment in the Workplace

Posted By Aleksandra Symenovych on June 15, 2018
Sexual Harassment in the Workplace

The recent #MeToo and #TimesUp movement has shone an important spotlight on unwanted sexual behaviour. In Australia, the facts speak for themselves and it is not only women who are affected.

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Are you dealing or contracting with an Illegal Phoenix Company?

Posted By Hayley Tibbie on May 28, 2018
Are you dealing or contracting with an Illegal Phoenix Company?

The term ‘Phoenix Company’ is used when a company has deliberately shut down due to indebtedness,and the directors of that company start up a new company to re-commence trading in attempt to avoid the former company’s debt. It’s important to understand that there is legal and illegal phoenix activity.

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Facebook Passwords? The Job Interviewing Trend; are Employers Entitled to Ask for Them???

Posted By Shan Auliff on May 15, 2018
Facebook Passwords? The Job Interviewing Trend; are Employers Entitled to Ask for Them???

Emerging is a somewhat unnerving trend ……. requesting current or potential employees to provide their social media login details during interviews, or as a condition of their continuing employment. That is for example, their Facebook login and passwords. This issue has prompted United States senators to call for enquiry into the legality of the practice. [1] While there are presently no legal cases on the issue in Australia, the concern exists that the practice may be taken up by Australian Employers. [2]

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NSW gift card reforms: the gift that keeps on giving… for 3 years

Posted By Kathleen Faulkner on May 1, 2018
NSW gift card reforms: the gift that keeps on giving… for 3 years

From 31 March 2018, gift cards and vouchers purchased by consumers in NSW must have a minimum expiry date of 3 years from the date of purchase. The NSW State Government has introduced new reforms to the Fair Trading Act 1987 (NSW) (the act) by amending the mandatory minimum expiry period from 12 months to…

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UPDATE LABOUR HIRE LICENSING STARTS IN QUEENSLAND

Posted By Sarah Jones on April 16, 2018
UPDATE LABOUR HIRE LICENSING STARTS IN QUEENSLAND

As you would be aware if you have read our article from 2017, labour hire licensing laws have passed in Queensland.

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Summary Judgment with Indemnity Costs – Seaman v Silvia (No 2) [2018] FCA 363

Posted By Daniel Johnston on April 12, 2018
Summary Judgment with Indemnity Costs – Seaman v Silvia (No 2) [2018] FCA 363

On 21 March 2018, the Federal Court of Australia delivered its judgment in Seaman v Silvia (No 2) [2018] FCA 363 (Seaman v Silvia (No2)). JHK Legal and Susan Anderson of Counsel represented the 2 respondents who were experienced insolvency practitioners

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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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