JHK Legal Commerical Articles

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,…

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…

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…

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…

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…

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…

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…

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…

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’…

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.