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JHK Legal Commerical Articles

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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Discretionary trusts now impacted by NSW duty and land tax surcharges

Posted By Elyzia Menounos on August 21, 2020
Discretionary trusts now impacted by NSW duty and land tax surcharges

On 24 June 2020, the State Revenue Legislation Further Amendment Act 2020 (NSW) was enacted (“the Act”). The Act is relevant to trustees of discretionary trusts (including discretionary testamentary trusts) who in their capacity as trustee, own or will purchase property under the trust, and also have trust deed which do not prevent foreign beneficiaries…

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FIRB approvals for Business – COVID-19, National Security and Beyond

Posted By Matthew Paul on August 6, 2020
FIRB approvals for Business – COVID-19, National Security and Beyond

Australia’s foreign investment rules have recently undergone major temporary changes in response to the economic fallout of the COVID-19 pandemic. The Australian government is considering further permanent changes due to national security concerns. This article considers those changes and the likely impacts on business. What is FIRB approval? The Foreign Investment Review Board (“FIRB”) is…

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What are the options you have when your Company is in financial distress?

Posted By Hayley Tibbie on July 22, 2020
What are the options you have when your  Company is in financial distress?

COVID-19 has had a vast impact upon Global economy and our Australian economy at home, with small to medium sized businesses being some of the ones who have been most effected having to be forced to shut for up to three months with very limited income, or without income at all. Whilst the Government has…

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Another win for Small Businesses: Bendigo Bank’s contract terms are declared “unfair”

Posted By Isabella Matassoni on July 9, 2020
Another win for Small Businesses: Bendigo Bank’s contract terms are declared “unfair”

The November 2016 amendments to Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”) to extend the definition of “unfair contract terms” to apply to small businesses has again provided for the necessary protections it had set out to achieve in the recent matter of ASIC v Bendigo and Adelaide Bank Limited [2020] FCA 71. Previously,…

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Instant Asset Write Off Scheme

Posted By Kristina Ghobar on June 18, 2020
Instant Asset Write Off Scheme

The current scheme The instant asset write-off scheme provides immediate tax deductions for eligible businesses for new or second-hand plant and equipment asset purchases such as vehicles, tools or office equipment used for tax-deductible purposes. On 12 March 2020, as part of the Government’s stimulus package in response to the COVID-19 pandemic, changes were made…

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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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