JHK Legal Commerical Articles

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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Thinking of selling your business – Think again.

Posted By Alison De Marco on September 5, 2018
Thinking of selling your business – Think again.

You’ve worked hard, built up your business, and now you are thinking of selling your business and moving on.  Before you do, it pays to consider whether or not you and your business are in a position to sell.

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Balancing Interests of Creditors v Public Interest Considerations – Eco Heat (Vic) Pty Ltd v the Syndicate Forty Four Pty Ltd (Subject to Deed of Company Arrangement) & Ors

Posted By Dylan Trickey on August 24, 2018
Balancing Interests of Creditors v Public Interest Considerations – Eco Heat (Vic) Pty Ltd v the Syndicate Forty Four Pty Ltd (Subject to Deed of Company Arrangement) & Ors

Earlier this year JHK Legal acted on behalf of Deed Administrators (“the Administrators”)  involved in Supreme Court of Victoria proceedings whereby a disgruntled creditor sought to have a Deed of Company Arrangement (“DOCA”) set aside and a syndicate group of companies (which comprised the 38 Defendants in the matter) wound up.

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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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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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