JHK Legal Commerical Articles

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…

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…

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…

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.…

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…

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…

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…

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,…

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.

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…