JHK Legal Commerical Articles

Viscariello v Macks [2014] SASC 189—New Lessons for Administrators, Liquidators and their Advisers.

Posted By Rebecca Quinton on April 1, 2015
Viscariello v Macks [2014] SASC 189—New Lessons for Administrators, Liquidators and their Advisers.

On 9 December 2014, the Supreme Court of South Australia handed down a decision which has shed light on the standard of conduct required of insolvency administrators, liquidators and their advisors under the Corporation Act 2001 (Cth) (“The Act”).

Read More

Rising from the Ashes – A Brief Overview of Phoenix Activity

Posted By Cassandra Garton on March 2, 2015
Rising from the Ashes – A Brief Overview of Phoenix Activity

Illegal phoenix activity is the deliberate liquidation of a company by director(s) to avoid paying creditors, tax or employee entitlements.

Read More

Directors’ Duties to Creditors

Posted By Caitlyn Selwood on March 1, 2015
Directors’ Duties to Creditors

Company directors must exercise their powers for the benefit of the company and are subject to duties to ensure that this power is exercised in good faith. In times of financial distress, a director’s duty extends to consider the interests of the company’s creditors. This duty has developed throughout the common law, however there still remains a lack of criteria and judicial guidance in its operation. This article will analyse the current position of directors’ duties to creditors in Australia with a focus on the recent case law that has introduced new legal principles and created commercial concern as a result.

Read More

Franchising Code of Conduct

Posted By Brittany Biron on February 2, 2015
Franchising Code of Conduct

On the First of January 2015 the Franchising Code of Conduct that was established by the Trade Practices (Industry Codes—Franchising) Regulations 1998 (Cth) was repealed and replaced by the Competition and Consumer (Industry Codes—Franchising) Regulation 2014 (Cth) (“the Code”). The Code’s purpose was to update outdated provisions and to reflect modern drafting practices and changes in the franchising sector.

Read More

Self representation services in the Federal and Federal Circuit Courts and How They Impact Creditors

Posted By Dylan Trickey on February 1, 2015
Self representation services in the Federal and Federal Circuit Courts and How They Impact Creditors

With the increase in Default Judgments being awarded by state Courts, it has been viewed that an influx of bankruptcy and wind up proceedings in both the Federal and Federal Circuits Courts issued by creditors in attempts to enforce judgments is beginning to occur.

Read More

Insolvent Trading

Posted By Belinda Melton on January 2, 2015
Insolvent Trading

An increasing problem facing many Australian companies in today’s modern society is insolvent trading. It is therefore essential for all directors of companies to be aware of the law associated with insolvent trading. As a preliminary, insolvent trading occurs when a company incurs debts when it is insolvent. For what seems like such a simple statement, the law behind it is quite complex.

Read More

Binding Financial Agreements and Bankruptcy

Posted By Karla Attwells on January 1, 2015
Binding Financial Agreements and Bankruptcy

Part VIIA of the Family Law Act 1975 (Cth) (“FLA”) is an extremely important portion of legislation which has had wide reaching impact on Australian families. In particular it provides for four (4) types of financial agreements between married couples

Read More

Defamation in the Online Era: How to recognise it and protect your business reputation

Posted By Alicia Auden on December 1, 2014
Defamation in the Online Era: How to recognise it and protect your business reputation

With an increased use of online mediums in our everyday lives, individuals can communicate to a great number of people quickly and with little effort. While this can assist with building your business, on the flip side, aggrieved persons (rightfully or wrongfully so) can also easily publish statements about you to an audience.

Read More

The Changing Landscape of Remuneration and Fees for Insolvency Practitioners

Posted By Patrick Hanrahan on November 2, 2014
The Changing Landscape of Remuneration and Fees for Insolvency Practitioners

Over recent times there have been indications from a number of public groups that there needs to be a level of reasonableness adopted by Insolvency practitioners on the issue of remuneration and fees, taking into account the specific nature and circumstances of each insolvency job. From recent decisions it appears that the Courts have taken notice, with some judgments being issued that all insolvency practitioners need to take note of and it seems that more are on the way

Read More

The Increased Scope of Penalty Clauses

Posted By Vicky O’Brien on November 1, 2014
The Increased Scope of Penalty Clauses

Issues of contract interpretation occupy a great deal of the time for busy commercial practitioners and judges. These issues have been called the very nucleus of commercial law. Disagreement on basic contractual concepts such as the plain meaning of particular words and whether clauses are ‘common sense’ or ‘commercially realistic’ is widespread.

Read More
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.

Read More
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.

Read More
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.

Read More