JHK Legal Commerical Articles

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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Key Conveyancing Terms – A Guide

Posted By Lauren Clarke on April 30, 2019
Key Conveyancing Terms – A Guide

Are you hoping to, or have already entered into, a Contract to purchase or sell a property? It can be a struggle to understand the new wave of terminology coming your way. Let us help you better understand a few of the key terms that will come up during the purchase or sale of your…

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Building Inspection Reports – Tips and Tricks

Posted By Michelle Kelly on April 17, 2019
Building Inspection Reports – Tips and Tricks

When buying a property, it is important that buyers protect themselves by engaging professionals to complete building and pest inspections to identify any defects prior to purchasing. To do this, it is important to ensure that, where you want to negotiate or can negotiate for conditional clauses, clauses allowing for the completion of building and pest inspections are not only included in the Contract of Sale but worded carefully to enable a buyer to withdraw from the Contract of Sale and have their deposit refunded in full should the inspection reveal defects.

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Project Bank Accounts to roll out across the country? WATCH THIS SPACE….

Posted By Anna Hendriks on April 3, 2019
Project Bank Accounts to roll out across the country?  WATCH THIS SPACE….

The prevalence of unethical behaviour and poor payment practices within the building and construction industry saw the Queensland Government recently announce new legislation, which among other reforms, included the introduction of Project Bank Accounts (“PBAs”). In October 2017, the PBA system was set up under the Building Industry Fairness (Security of Payment) Act 2017 (“the BIF Act”) for State Government building and construction projects between $1 million and $10 million.

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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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