JHK Legal Commerical Articles

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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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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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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