JHK Legal Commerical Articles

Insolvent Trading

Posted By Belinda Melton on January 2, 2015
Insolvent Trading

An increasing problem facing many Australian companies in today’s modern society is insolvent trading. It is therefore essential for all directors of companies to be aware of the law associated with insolvent trading. As a preliminary, insolvent trading occurs when a company incurs debts when it is insolvent. For what seems like such a simple statement, the law behind it is quite complex.

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Binding Financial Agreements and Bankruptcy

Posted By Karla Attwells on January 1, 2015
Binding Financial Agreements and Bankruptcy

Part VIIA of the Family Law Act 1975 (Cth) (“FLA”) is an extremely important portion of legislation which has had wide reaching impact on Australian families. In particular it provides for four (4) types of financial agreements between married couples

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Defamation in the Online Era: How to recognise it and protect your business reputation

Posted By Alicia Auden on December 1, 2014
Defamation in the Online Era: How to recognise it and protect your business reputation

With an increased use of online mediums in our everyday lives, individuals can communicate to a great number of people quickly and with little effort. While this can assist with building your business, on the flip side, aggrieved persons (rightfully or wrongfully so) can also easily publish statements about you to an audience.

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The Changing Landscape of Remuneration and Fees for Insolvency Practitioners

Posted By Patrick Hanrahan on November 2, 2014
The Changing Landscape of Remuneration and Fees for Insolvency Practitioners

Over recent times there have been indications from a number of public groups that there needs to be a level of reasonableness adopted by Insolvency practitioners on the issue of remuneration and fees, taking into account the specific nature and circumstances of each insolvency job. From recent decisions it appears that the Courts have taken notice, with some judgments being issued that all insolvency practitioners need to take note of and it seems that more are on the way

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The Increased Scope of Penalty Clauses

Posted By Vicky O’Brien on November 1, 2014
The Increased Scope of Penalty Clauses

Issues of contract interpretation occupy a great deal of the time for busy commercial practitioners and judges. These issues have been called the very nucleus of commercial law. Disagreement on basic contractual concepts such as the plain meaning of particular words and whether clauses are ‘common sense’ or ‘commercially realistic’ is widespread.

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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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