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JHK Legal Commerical Articles

Application of Presumption of Advancement on the family home

Posted By Elyzia Menounos on May 4, 2021
Application of Presumption of Advancement on the family home

What is the presumption of advancement? In Australia, the general rule is that in circumstances where property is transferred between people who do not have any of these relationships, it gives rise to a presumption of a resulting trust in favour of the donor (the person who transferred the property). A resulting trust means that…

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Heightened Risks for Directors: The End of Temporary Relief

Posted By Kristina Ghobar on April 29, 2021
Heightened Risks for Directors: The End of Temporary Relief

As the challenges of the COVID-19 pandemic continue, many businesses have innovated and adjusted their business models to stay afloat. With the changes came temporary measures and stimulus packages to ease the pressure and burden businesses would face. Many of those measures have now come to an end. The outlook for 2021 has normality in…

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A Decade of the Competition and Consumer Act 2010

Posted By Sabrina Austin on March 25, 2021
A Decade of the Competition and Consumer Act 2010

2021 marks the 10-year anniversary of the commencement of the Competition and Consumer Act 2010 (Cth) (“CCA”), which came into effect on 1 January 2011. With an increased focus on greater consumer and small business protection, the CCA has been heralded by the Australian Competition & Consumer Commission (“ACCC”) as a milestone achievement in Australian…

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Business Interruption Insurance: A Potential Shining Light for Insureds Amidst a Year of Difficulty

Posted By Rod Lindquist on February 26, 2021
Business Interruption Insurance: A Potential Shining Light for Insureds Amidst a Year of Difficulty

The Covid-19 pandemic caused an array of difficulty for Australian business both small and large. One of these difficulties in the current pandemic landscape is the loss of earnings to a business as a result of temporary closure to their business premises. Often these business closures were unavoidable and/or forced upon traders by the Government.…

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Unregistered Leases are Not Enforceable – A Ridiculous Notion

Posted By Cody Niezgoda on February 3, 2021
Unregistered Leases are Not Enforceable – A Ridiculous Notion

For most, entering into a lease of any sort is an exercise in the basics of contract law.  There will be an invitation to treat from the Lessor consisting of the premises or land and subsequent rental amount.  This invitation will be met with an “offer” from the Lessee (often recorded in a “non-binding” Offer…

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Make Your Mark

Posted By Claudia Smith on November 24, 2020
Make Your Mark

If you run a business, you have likely spent a lot of time and money on marketing to publish your unique product or service. Registering a trade mark serves to protect your brand and will set you apart from your competitors. This article provides a brief overview trade mark registration in Australia. What is a…

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Unfair Preference Claims and the Conceivable Third-Party Shield from the Claws of Liquidators

Posted By Rania Kassir on October 29, 2020
Unfair Preference Claims and the Conceivable Third-Party Shield from the Claws of Liquidators

Receiving a letter of demand from a liquidator demanding repayment of monies received for an unsecured debt owed by a company in liquidation whereby it is alleged that the creditor has been preferred over other creditors can be rather daunting to receive. However, unsecured creditors may now, in certain circumstances, benefit from a successful defence…

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Tips for First Home Buyers

Posted By Amanda Gildea on October 23, 2020
Tips for First Home Buyers

Buying your first home is a long-term investment and a significant milestone. It is important to ensure that you are prepared and properly supported during your conveyance to assist in creating a smooth process.  The following tips can assist during this time. Know your entitlements Before committing to a property offer and finance application terms,…

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October 2020 : Update regarding commercial lease negotiations

Posted By Niall Powell on October 2, 2020
October 2020 : Update regarding commercial lease negotiations

Queensland Government has amended the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (Qld) to extend their operation to 31 December 2020. The extension of the scheme applies to leases to lessees who remain eligible for the Jobkeeper scheme during the period 28 September 2020 and to 4 January 2021.

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Modernising Processes of Incorporated Associations

Posted By Claudia Smith on August 31, 2020
Modernising Processes of Incorporated Associations

The laws affecting incorporated associations have not been substantially reformed since 2007. Queensland Parliament intends for the Associations Incorporation and Other Legislation Amendment Act 2020 (Qld) (‘Act’) to assist thousands of people involved in community groups by modernising processes. The amendments are aimed to simplify processes, improve internal governance, reduce red tape, and enhance government…

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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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