JHK Legal Commerical Articles

Sale and Purchase of Business Restraints: How do they affect you?

Posted By Sarah Jones on June 13, 2019
Sale and Purchase of Business Restraints: How do they affect you?

When you enter into a sale and purchase of business agreement, the seller will usually be asked to agree to a restraint of trade for certain acts done in a certain area and a certain period of time. Usually, this will apply to both the entity selling the business as well as any key personnel…

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A reminder to regularly health check: governance, compliance and operations

Posted By Shannon McCarthy on May 29, 2019
A reminder to regularly health check: governance, compliance and operations

On 22 May the Australian Prudential Regulation Authority (“APRA”) released an information paper on self-assessments of governance, accountability and culture performed by 36 financial institutions to whom APRA wrote and who provided those assessments back to APRA. The self-assessments were requested in response to the May 2018 Final Report of the Prudential Inquiry into the…

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Changes to the Real Estate Award

Posted By Lucy Carroll on May 21, 2019
Changes to the Real Estate Award

On 1 May 2019, the Fair Work Commission (“FWC”) issued a notice to implement a two-stage process for changes to the Real Estate Award (“the Award”) which will impact how commission-only payments for salespersons (in real estate) apply and who they apply to. These changes will affect employers and employees alike. Phase 1 Changes As…

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Update on Statutory Demands – why accuracy is critical

Posted By Alicia Auden on May 7, 2019
Update on Statutory Demands – why accuracy is critical

A recent decision from Victoria is a timely reminder of the importance of accuracy and, noting the seriousness of noncompliance with a Creditor’s Statutory Demand For Payment of Debt (statutory demand), why the courts are strict when it comes to correct service of statutory demands.

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Key Conveyancing Terms – A Guide

Posted By Lauren Clarke on April 30, 2019
Key Conveyancing Terms – A Guide

Are you hoping to, or have already entered into, a Contract to purchase or sell a property? It can be a struggle to understand the new wave of terminology coming your way. Let us help you better understand a few of the key terms that will come up during the purchase or sale of your…

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Building Inspection Reports – Tips and Tricks

Posted By Michelle Kelly on April 17, 2019
Building Inspection Reports – Tips and Tricks

When buying a property, it is important that buyers protect themselves by engaging professionals to complete building and pest inspections to identify any defects prior to purchasing. To do this, it is important to ensure that, where you want to negotiate or can negotiate for conditional clauses, clauses allowing for the completion of building and pest inspections are not only included in the Contract of Sale but worded carefully to enable a buyer to withdraw from the Contract of Sale and have their deposit refunded in full should the inspection reveal defects.

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Project Bank Accounts to roll out across the country? WATCH THIS SPACE….

Posted By Anna Hendriks on April 3, 2019
Project Bank Accounts to roll out across the country?  WATCH THIS SPACE….

The prevalence of unethical behaviour and poor payment practices within the building and construction industry saw the Queensland Government recently announce new legislation, which among other reforms, included the introduction of Project Bank Accounts (“PBAs”). In October 2017, the PBA system was set up under the Building Industry Fairness (Security of Payment) Act 2017 (“the BIF Act”) for State Government building and construction projects between $1 million and $10 million.

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Last minute Voluntary Administration – getting an adjournment of the winding-up hearing

Posted By Alison De Marco on March 27, 2019
Last minute Voluntary Administration – getting an adjournment of the winding-up hearing

In light of the recent case law on so called ‘last minute’ voluntary administration appointments, the corporate world is now concerned that voluntary administrators appointed just before a winding up hearing may be refused an adjournment of the hearing due to the timing of the appointment. Indeed, in Re Polar Agencies Pty Ltd; Lovelltex Pty…

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ACCC issues it’s annual compliance and enforcement priorities for 2019

Posted By Elyzia Menounos on March 22, 2019
ACCC issues it’s annual compliance and enforcement priorities for 2019

The Australian Consumer and Competition Commission (ACCC) has announced its enforcement priorities for 2019.

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Failing to Pay Super – ATO’S New Powers & New Penalties

Posted By Belinda Melton on February 28, 2019
Failing to Pay Super – ATO’S New Powers & New Penalties

An increasing number of Australian companies are failing to pay their employees superannuation. As a result, new legislation was passed in December 2018 giving the Australian Taxation Office (“ATO”) increased powers to direct business owners to pay unpaid superannuation.

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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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