JHK Legal Commerical Articles

So you’ve received a statutory demand…

Posted By Alicia Auden on January 4, 2017
So you’ve received a statutory demand…

A creditor can serve a statutory demand for payment of a debt/s pursuant to section 459E of the Corporations Act 2001 (Cth) (“the Act”) if the debt/s is/are due and payable to the creditor by the company and the total amount must be at least the statutory minimum (presently $2,000.00). The company that is served with the statutory demand has twenty-one days from service in which to respond.

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What are the consequences if I fail to submit a Report as to Affairs (RATA) and deliver books of the company to the liquidator?

Posted By Aleksandra Symenovych on December 7, 2016
What are the consequences if I fail to submit a Report as to Affairs (RATA) and deliver books of the company to the liquidator?

Every director of a company is required to (amongst other matters): Submit a RATA to the liquidator or provisional liquidator within 14 days after a wind up order or other order appointing the provisional liquidator is made pursuant to sections 475(1), (4) of the Corporations Act 2001 (Cth) (the Act)

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When is your “employment contract” a Sham?

Posted By Hayley Tibbie on September 22, 2016
When is your “employment contract” a Sham?

The Fair Work Act 2009 (“the Act”) has been implemented to protect employees legal rights of employment and provide strict guidelines for employers to follow with respect to employee and employer agreements. However, too often than not, employers are found not to have fulfilled their obligations under the Act and have exploited employees rights by way of sham contracting.

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Australian Insider Trading Laws – Forever unclear and inconsistent?

Posted By Matthias Klepper on June 3, 2016
Australian Insider Trading Laws – Forever unclear and inconsistent?

This Article provides a brief insight into the Australian insider trading laws and how their judicial application has been perceived as vague and complicated, hindering public confidence and market integrity.

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Why a Corporate Trustee is always a good idea

Posted By Belinda Pinnow on June 2, 2016
Why a Corporate Trustee is always a good idea

The trust is a commonly used asset protection mechanism allowing clients to quarantine assets from access by their creditors. Whether to appoint a corporate trustee is often the subject of considerable contemplation by clients and in some circumstances clients’ determine that it will be more cost effective to act in their personal capacity as a trustee to avoid the yearly ASIC compliance costs and additional financial returns.

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Foreign Judgments in Australia – Tips and Traps of the Statutory Regime

Posted By Sarah Jones on June 1, 2016
Foreign Judgments in Australia – Tips and Traps of the Statutory Regime

In these days of close international relations, the need to enforce a judgment made by a foreign court against a person who has moved to or is residing in Australia is becoming more common. Australia has a statutory regime to assist with this: the Foreign Judgments Act 1991 (Cth) (“the Act”) and the Foreign Judgments Regulations 1992 (Cth) (“the Regulations”).

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The future is here – Paperless Conveyancing

Posted By Brittany Biron on April 2, 2016
The future is here – Paperless Conveyancing

A standardized national conveyancing system has been implemented in Australia to allow numerous property transactions to take place entirely paperless via the online platform Property Exchange Australia (PEXA). Paperless conveyancing is now available in all States and Territories except South Australia, which will join in 2016. The privately-owned PEXA is anticipated to handle 60 – 70% of all conveyancing transactions in Australia once fully-integrated into every day legal practice.

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Contracts of Insurance: Your Rights and Interests

Posted By Shan Auliff on April 1, 2016
Contracts of Insurance: Your Rights and Interests

Until now, litigation arising from motor vehicle collisions also known as ‘Crash ‘n’ Bash’ litigation instigated more often than not, by the Insurer of one of the motor vehicle, as a debt recovery action, has not legally been able to be named in the proceedings. Most Insurance Policies list as a term that should legal proceedings be instigated as a result of a motor vehicle collision, it is the owner and/or driver of the insured vehicle that will be named, and not the insurance company (Insurer) on the legal documents.

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Unfair Contract Terms in Small Business Contracts

Posted By Cassandra Garton on March 2, 2016
Unfair Contract Terms in Small Business Contracts

From 12 November 2016, a new law will be in effect which will extend the unfair contract term protections to small business contracts.

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Entitlement of Administrators to Make Assumptions on Validity of Appointment

Posted By Patrick Hanrahan on March 1, 2016
Entitlement of Administrators to Make Assumptions on Validity of Appointment

In a recent decision of the Supreme Court of South Australia in Ross & Anor as Joint & Several Administrators of GNC Homes Pty Ltd (Administrators Appointed) –v- GNC Homes Pty Ltd (Administrators Appointed) [2015] SASC 168 (“GNC Case”), the Court was required to decide on the validity of the appointment of Administrators in circumstances where the director who appointed the Administrators had been removed from his position prior to appointment.

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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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