JHK Legal Commerical Articles

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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EXACTLY WHAT ARE YOU RISKING BY GIVING A GUARANTEE AND INDEMNITY?

Posted By Belinda Pinnow on April 3, 2018
EXACTLY WHAT ARE YOU RISKING BY GIVING A GUARANTEE AND INDEMNITY?

It is an unavoidable feature of modern commercial life that, as a business owner or a director, you are required to provide personal guarantees on behalf of your business and/or company, particularly to suppliers providing goods on credit and to financiers advancing funds.

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A Simple Guide to applying the Security of Payments Act 2009 (Vic)

Posted By Isabella Matassoni on March 12, 2018
A Simple Guide to applying the Security of Payments Act 2009 (Vic)

Anyone working within the building and construction industry is aware of the Building and Construction Industry Security of Payment Act 2009 (Vic) (“the Act”), however many find it challenging to decipher.  This articles aims to provide a step-by-step guide on how to navigate the Act, make payment claims correctly and to ensure any disputes will be handled in an efficient manner.

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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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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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