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JHK Legal Commerical Articles

Voluntary Administration and the Court’s Involvement

Posted By Shayla Chedid on October 14, 2021
Voluntary Administration and the Court’s Involvement

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…

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COMMERCIAL LEASES AND COVID-19 IMPACTS

Posted By Katy Sakoulas on October 5, 2021
COMMERCIAL LEASES AND COVID-19 IMPACTS

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…

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[email protected] – What you should know about increased workplace protections

Posted By Belinda Taing on September 23, 2021
Respect@work – What you should know about increased workplace protections

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…

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New, or near-new, exemption certificates for property developers

Posted By Jemerrie Golaw on September 9, 2021
New, or near-new, exemption certificates for property developers

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’…

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Major Domestic Building Contracts: what you should know before signing one

Posted By Grace Beale on August 18, 2021
Major Domestic Building Contracts: what you should know before signing one

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.

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Modern Slavery – Should your entity be reporting?

Posted By Georgia-Rae Swain on July 27, 2021
Modern Slavery – Should your entity be reporting?

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…

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The Abolishment of the Peak Indebtedness Rule

Posted By Anna Hendriks on July 15, 2021
The Abolishment of the Peak Indebtedness Rule

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…

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VOIDABLE PREFERENCES: THE LATEST ON LIQUIDATORS’ CLAW BACK ON PAYMENTS MADE DURING A DEED OF COMPANY ARRANGEMENT

Posted By Hayley Tibbie on June 30, 2021
VOIDABLE PREFERENCES: THE LATEST ON LIQUIDATORS’ CLAW BACK ON PAYMENTS MADE DURING A DEED OF COMPANY ARRANGEMENT

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…

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An Important Reminder for Property Purchases through your Self-Managed Superannuation Fund

Posted By Simone Wilson on June 15, 2021
An Important Reminder for Property Purchases through your Self-Managed Superannuation Fund

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…

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Supplier Alert: New Consumer Disclosure Obligations Business Owners Ought to Know

Posted By Rania Kassir on June 8, 2021
Supplier Alert: New Consumer Disclosure Obligations Business Owners Ought to Know

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…

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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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