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JHK Legal Commerical Articles

Defamation in the modern world – Changes to defamation law in Queensland and New South Wales

Posted By Drew Nelson on December 14, 2021
Defamation in the modern world – Changes to defamation law in Queensland and New South Wales

The purpose of defamation law is to balance the protection of a person’s reputation with the right to freedom of expression by others.[1] At common law, defamation is the publication of matter which tends to lower a person’s reputation in the estimation of his or her fellows by making them think less of that person,…

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Issuing Legal Proceedings: the Commercial Way

Posted By Laura-Ann Rullo on December 10, 2021
Issuing Legal Proceedings: the Commercial Way

Acting on principal when issuing legal proceedings seldom leaves creditors happy with the outcome. The purpose of this article is to outline the things creditors should turn their mind to before instructing a solicitor to issue legal proceedings against an individual, and how the early consideration of enforcement options may assist with making a commercial…

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Director Identification Numbers

Posted By JHK Legal Solicitors Morgan Beames and Kristianne Glastras on December 2, 2021
Director Identification Numbers

If you are a director of a company, registered Australian body, registered foreign company or Aboriginal and Torres Strait Islander corporation or you are about to become one, you will need to apply for a unique 15-digit director identification number (“DIN”). Background The Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (Cth) amends the…

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Current COVID-19 Land Tax Relief Measures

Posted By Rachel Feng on November 22, 2021
Current COVID-19 Land Tax Relief Measures

In 2020, each state and territory introduced a number of land tax relief measures to alleviate the impacts of COVD-19. Below we discuss the current relief measures for each state and territory: Victoria The Victorian Government introduced land tax relief measures which allow for land tax reductions and deferrals for landlords of commercial tenancies, and…

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The Admission and Rejection of a Proof of Debt

Posted By Meshal Althobaiti on November 8, 2021
The Admission and Rejection of a Proof of Debt

Proof of Debt A liquidator’s decision to accept a proof of debt was successfully challenged due to a lack of evidence that the amount was owed in the recent case of Tuscan Capital Partners Pty Ltd v Trading Australia Pty Ltd (in liq), in the matter of Trading Australia Pty Ltd (in liq) (Proof of…

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Voluntary Administration and the Court’s Involvement

Posted By Shayla Chedid on October 14, 2021
Voluntary Administration and the Court’s Involvement

With a view to limit the Court’s involvement and allow for a speedy and flexible system involved in the administration of companies, the Court has evolved to partake in merely a supervisory role proving to serve as an improvement to the effectiveness of Part 5.3A of the Corporations Act 2001 (Cth) (“the Act”). What is…

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COMMERCIAL LEASES AND COVID-19 IMPACTS

Posted By Katy Sakoulas on October 5, 2021
COMMERCIAL LEASES AND COVID-19 IMPACTS

The current Covid-19 pandemic has impacted Tenants and Landlords with the recent changes implemented by the NSW Government on leasing regulations for leases signed before 26 June 2021. The various changes and impacts on Landlords and Tenants can be seen in the Retail and Other Commercial Leases (Covid-19) Regulation 2021. For what period will these…

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[email protected] – What you should know about increased workplace protections

Posted By Belinda Taing on September 23, 2021
Respect@work – What you should know about increased workplace protections

On 10 September 2021, the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (Bill) received Royal Assent after it was passed by Federal Government earlier this month. The Bill operates to amend the following legislations: Sex Discrimination Act 1984 (Cth); Fair Work Act 2009 (Cth); and Australian Human Rights Commission Act 1986…

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New, or near-new, exemption certificates for property developers

Posted By Jemerrie Golaw on September 9, 2021
New, or near-new, exemption certificates for property developers

Generally, foreign persons require approval from the Foreign Investment Review Board (‘FIRB’) when entering into contracts for the purchase of Australian property. The purpose of obtaining FIRB approval is to ensure that the foreign person’s investment will benefit the Australian economy. However, foreign investors can now rely on a ‘New or Near-New Dwelling Exemption Certificate’…

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Major Domestic Building Contracts: what you should know before signing one

Posted By Grace Beale on August 18, 2021
Major Domestic Building Contracts: what you should know before signing one

This article is directed at owners looking to build residential property in Victoria.

We have recently provided advice to clients about how they, as homeowners, might terminate their home building contracts and/or recover money from a builder who is either:

taking too long to complete the build; or
carrying out defective work; or
charging amounts above the contract price.

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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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