JHK Legal Commerical Articles

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,…

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…

On 13 March 2020, the World Health Organisation categorised COVID-19 as a pandemic. In recent JHK Legal articles we have outlined the relief for individuals and businesses during the COVID-19 era and the temporary changes to safe harbour provisions. View those recent articles here: Relief for individuals and Businesses during the Covid-19 era Temporary Changes…

Regulations to give effect to the National Cabinet mandatory code of conduct announced by Scott Morrison on 7 April 2020 have been released and taken effect in Queensland. Generally speaking, the regulations provide that parties to “affected leases” are provided with additional rights. An affected lease is any binding retail shop lease or lease of…

Whilst the world watches on at the shocking impacts of the COVID-19 pandemic (Covid-19), people are quickly becoming aware of the harsh realities that many face, both now and in the years to come. Individuals and businesses who are financially distressed due to the impacts of Covid-19 have recently been met with temporary relief thanks…

Covid19 has seen sudden and unforeseen changes to the way in which business is conducted in Australia and globally. We have seen some businesses readily adapt and transition into new ways of trading, but others have been left feeling the financial crush of no longer able to continue as “business as usual” for the foreseeable…

Regulation 62.02 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic), the County Court Civil Procedure Rules 2018 (Vic) and the Magistrates’ Court General Civil Procedure Rules 2010 (Vic) confer on the respective Victorian state courts a discretion in certain circumstances, to grant a defendant an order for security for costs. The principle is…

While the scope of this article focuses broadly on genuine redundancies pursuant to Fair Work Act, it is important that employers and employees take legal advice regarding the issues discussed within this article. Employers should always consider their legal position in the right context and in their circumstances including their rights and obligations under the…

On 1 December 2019 the Registrar General of New South Wales set out new regulations for off the plan contracts, implementing greater disclosure requirements for vendors. What is an Off-The-Plan Contract? Under the Conveyancing Legislation Amendment Act 2018 an off the plan contract is defined as a contract for the sale of a residential lot,…

You’re in the fortunate position of securing a debt with a registered mortgage over real property owned by your debtor. However, your mortgage is registered second in priority to that of a first registered mortgage in favour of another creditor. Your debtor becomes insolvent and the first mortgagee exercises its right of sale over the…