JHK Legal Commerical Articles

Another win for Small Businesses: Bendigo Bank’s contract terms are declared “unfair”

Posted By Isabella Matassoni on July 9, 2020
Another win for Small Businesses: Bendigo Bank’s contract terms are declared “unfair”

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,…

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Instant Asset Write Off Scheme

Posted By Kristina Ghobar on June 18, 2020
Instant Asset Write Off Scheme

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…

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Legislative and practical relief to bankrupts during COVID-19

Posted By Simone Wilson on June 10, 2020
Legislative and practical relief to bankrupts during COVID-19

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…

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Update regarding commercial lease negotiations

Posted By Niall Powell on June 4, 2020
Update regarding commercial lease negotiations

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…

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Relief for individuals and Businesses during the Covid-19 era

Posted By Anna Hendriks on May 20, 2020
Relief for individuals and Businesses during the Covid-19 era

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…

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Temporary Changes to Safe Harbour Provisions

Posted By Kate Witt on May 20, 2020
Temporary Changes to Safe Harbour Provisions

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…

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Security for Costs in Victoria: A Case Note

Posted By Joshua Flory on May 8, 2020
Security for Costs in Victoria: A Case Note

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…

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Redundancies under the Fair Work Act – How not to be an SME COVID-19 lesson to others

Posted By Daniel Johnston on April 22, 2020
Redundancies under the Fair Work Act – How not to be an SME COVID-19 lesson to others

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…

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Purchasing off the Plan?  The new regulations of which you need to be aware

Posted By Chiara Becattini on March 30, 2020
Purchasing off the Plan?  The new regulations of which you need to be aware

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,…

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Marshalling: protecting your position as a subordinate secured creditor where a debtor becomes insolvent

Posted By Kathryn Koutoulas on March 19, 2020
Marshalling: protecting your position as a subordinate secured creditor where a debtor becomes insolvent

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…

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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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