JHK Legal Commerical Articles

Under Section 5(1)(a) the Limitation of Actions Act 19578 (Vic) (“the Act”) a party is barred from bringing an action in contract, including contract implied in law, more than six years after the date on which the cause of action arose.

The New South Wales government has announced the Building and Construction Industry Security of Payment Amendment Act 2018 (NSW) (the Amendment Act) commenced on 21 October 2019. The Amendment Act only applies to construction contracts entered into after the commencement date. The amendments are broad and include the following significant reforms: The ‘reference date’ concept…

While the scope of this article focuses on unfair dismissal claims in the Fair Work Commission (the Commission), it is important that employers and employees take legal advice regarding the issues discussed within this article. In particular, employers should always consider their legal position including their rights and obligations under the Fair Work Act carefully…

Practitioners’ remuneration has been under extensive scrutiny by courts, and liquidators continue to struggle to get their remuneration approved without having to adduce extensive evidence of the necessity of the work conducted and the reasonableness of their remuneration. In recent years there has been much focus on insolvency practitioners’ fees, including whether the tasks conducted…

A recent decision of the Queensland Supreme Court has relevance to duty considerations for estate planning. In Queensland, the assets of a deceased person are subject to potential family provision application claims.  The result of any such claim is that the Court is able to reallocate and redistribute the assets of a deceased having regard…

As Benjamin Franklin wrote in 1789, “nothing can be said to be certain except death and taxes”. We’ve come a long way since then and with some more positive certainties in life; happiness, love and Netflix were just a few that sprung to mind. Unfortunately Mr Franklin’s famous saying still prevails today and at some…

Excellent news – you’ve decided to start up your own café (small business) and have found the perfect vacant premises! However, after reviewing the contract yourself, you notice some clauses which seem alarming including auto-renewal clauses, variation of rental prices at the landlord’s discretion and unlimited indemnity clauses. With pressure mounting from the landlord to…

Life sure is busy, huh? Between work, kids’ birthday parties, making sure there is food in the fridge, the bills are paid, you keep in touch with your family and friends and are up to date with your favourite Netflix show, there is a lot to do. So, when someone says, “Hey, do you have…

In the modern globalised economy, it is increasingly important for Australian providers of products and services to protect their intellectual property (IP) not just locally, but also in other countries. This article considers how one form of IP, trade marks, can be protected internationally by Australian businesses. Please note that this article provides an overview…

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…