JHK Legal Commerical Articles

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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Wind Up Proceedings Pitfalls to Avoid

Posted By Sabrina Austin on February 18, 2020
Wind Up Proceedings Pitfalls to Avoid

If you are a creditor who is owed money by a company, despite the legitimacy of your claim, it is often the recovery process that proves the most costly, complicated and frustrating. Options for recovery can be thwarted by a debtor ignoring demands which leaves the creditor in the unfortunate position of having to expend…

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First Home Buyers – The Federal Government’s New Initiative

Posted By Grace Beale on January 31, 2020
First Home Buyers – The Federal Government’s New Initiative

Saving a 20% home loan deposit could be a thing of the past for some first home buyers. On 1 January 2020 the Australian Federal Government officially launched its First Home Loan Deposit Scheme (“FHLDS”), an initiative designed to help eligible first home buyers purchase a home sooner. What is it? The FHLDS will allow…

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The consequences of turning a “blind eye” to the requirements under the New South Wales Home Building Act

Posted By Samuel Bailey on January 8, 2020
The consequences of turning a “blind eye” to the requirements under the New South Wales Home Building Act

Residential building work is a significant component of the construction industry in Australia. As such there is extensive regulation of licencing, contracting and schemes for home warranty insurance throughout the jurisdictions. Relevant legislation which regulates residential building work and specialist work in New South Wales includes the Home Building Act 1989 (NSW) (“Act”) and the…

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Public examinations: a weapon for liquidators

Posted By Kristina Ghobar on December 19, 2019
Public examinations: a weapon for liquidators

Public examinations provide a powerful tool for liquidators to obtain information and establish facts about matters regarding a company’s affairs, history and management.

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Tips on the intersection of the Privacy Act and the Spam Act with Direct Marketing

Posted By Rod Lindquist on December 9, 2019
Tips on the intersection of the Privacy Act and the Spam Act with Direct Marketing

Pursuant to the Privacy Act 1988 (Cth) (“the Privacy Act”), an entity to which the Australian Privacy Principles apply is known as an APP. If it discloses, or collects, personal information about another individual for a benefit, service or advantage then it will be considered an APP.

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Michell v Onroad Offroad Pty Ltd [2018]: A Case Study

Posted By Joshua Flory on November 28, 2019
Michell v Onroad Offroad Pty Ltd [2018]: A Case Study

Under Section 5(1)(a) the Limitation of Actions Act 19578 (Vic) (“the Act”) a party is barred from bringing an action in contract, including contract implied in law, more than six years after the date on which the cause of action arose.

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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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