JHK Legal Commerical Articles

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…

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…

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…

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…

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…

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…

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.

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…

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.

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.