JHK Legal Commerical Articles

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.

Modern slavery is used to describe situations where coercion, threats or deception are used to exploit victims and undermine or deprive them of their freedom. It is a pertinent issue that has recently gained traction in Australia with the introduction of the Modern Slavery Act 2018 (Cth) (“Act”). Under that Act reporting is now mandatory…

On 10 May 2021, in a historical Australian decision, the Full Federal Court handed down a decision which abolished the peak indebtedness rule and found that a liquidator cannot apply the peak indebtedness rule in unfair preference claims involving running accounts. The Full Court held that if there is a continuing business relationship involving multiple…

The Supreme Court of New South Wales judgment of Re Western Port Holdings Pty Ltd (receivers and managers appointed)(in Liq) [2021] NSWSC 232 (“Western Port”) has provided liquidators with more comfort to pursue an unfair preference claims against recipients of third party payments and payments made during the course and operation of a Deed of…

If you are considering purchasing a property through your self-managed superannuation fund (‘SMSF’), it is essential that prior to entering into any contract of sale you determine whether you need to put in place a custodian arrangement. In this article we provide a brief overview of the Limited Recourse Borrowing Arrangements for SMSFs contained in…

Consumer law is susceptible to constant change and business owners should continuously and actively keep up to date with these amendments to ensure the fulfilment of their obligations and mostly importantly, to avoid any punitive penalties. This article raises some awareness concerning new disclosure requirements indorsed within the Fair-Trading Act 1987 (NSW) as of 1…