JHK Legal Commerical Articles

Liquidators’ struggle to get their remuneration approved is confirmed once again

Posted By Chiara Becattini on October 8, 2019
Liquidators’ struggle to get their remuneration approved is confirmed once again

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…

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Aggregation of duty and estate planning

Posted By Niall Powell on September 19, 2019
Aggregation of duty and estate planning

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…

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What is probate and when is it needed in Queensland?

Posted By Simone Wilson on September 3, 2019
What is probate and when is it needed in Queensland?

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…

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Leases – Unfair Contract Terms

Posted By Isabella Matassoni on August 2, 2019
Leases – Unfair Contract Terms

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…

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How to write your own Will – DON’T!

Posted By Chloe Blaney on July 8, 2019
How to write your own Will – DON’T!

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…

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Protecting Your Trade Mark Outside Australia – A Primer to the Madrid Protocol

Posted By Matthew Paul on June 28, 2019
Protecting Your Trade Mark Outside Australia  – A Primer to the Madrid Protocol

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…

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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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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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