The Perth Asian Lawyer

E-Commerce and you

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Sun, 08 Nov 2009 15:52:00 +0000

Dear Readers

I was recently asked by the Perth Woman magazine to write my bi-monthly article based on the word "E". I decided that E-Commerce was the most relevant topic of the day. In our daily lives now, we deal with the internet and transact our lifestyles using the world wide web.

There are many things to be wary about in the way we use the internet. I hope the article from the Perth Woman magazine may give some pointers to my readers.

What to do before you put in an offer to buy a business

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Fri, 25 Sep 2009 06:32:00 +0000

Dear Readers

I have been writing in my blog about going into business. There are so many potholes you can step into if you are not careful. Tan and Tan Lawyers have been advising clients on their business purchases for many years.

My greatest joy is seeing a client who is about to go from being employed to being self employed. I love coaching them in the right way to buy a business and what to look out for.

I had a chance to make a podcast with my business coach, Jeff Miles yesterday. Yes, I have had a business coach for the last 2 years and it has helped me improve my business tenfolds.

Reading books like E-Myth Revisited also helps.

For those who do not like reading, have a listen to my latest podcast at:

http://www.tanandtanlawyers.com/podcast/Perth_Asian_Lawyer_Podcast_-_Ep5_Buying_and_selling_a_business.mp3

Some of the issues raised include:

(a) what terms and conditions to include in your offer.
(b) what is the due diligence process.
(c) what can go wrong if the offer is not drafted properly.

Do send me an email if you have any questions.

Remember , at Tan and Tan Lawyers, we protect your interest and save you money.

Growing old and being a grave digger

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Tue, 11 Aug 2009 14:54:00 +0000

Dear Readers.

Last night, I received a call from my mother in law at 12 midnight. Her 12 year old pomeranian called Choi Choi had just passed away after a few agonising weeks of pain. She was too distressed to deal with the deceased pet and needed help.

My wife and I had to drive to her house after discussing what to do with the deceased pet. We decided that instead of waiting for the morning to organise a cremation, it was best to organise a quick burial as leaving the deceased pet in my mother in law's home for the night would be too distressful for her.

So, there I was, your friendly neighbourhood lawyer digging a hole in the garden past midnight.

If you see someone digging a hole in the garden at night, be very wary. If the hole is a man size hole, there probably is some foul play.

I am glad I do not work as a grave digger because it is hard work. After a quick prayer, the pet was laid to rest.

I then shared a coffee with my mother in law and my wife.

My mother in law is now reaching 80 years of age. Her memory is not as sharp as it used to be. She has been such a great grandma to my children. She picks them up every day from school and organises a quick meal for them if they are hungry. My wife and I would not be able to manage the legal practice as efficiently as we do if we did not have my mother in law's help every day.

Which brings me to the topic I wish to discuss. It is the issue of granting an Enduring Power of Attorney or EPA as they are commonly called.

What is an EPA?

An EPA is a legal document allowing you to appoint another person to make financial and property decisions on your behalf.

A person who makes an appointment under an EPA is called the DONOR. A donor can authorise another person or persons to be their ATTORNEY to act for them if they become mentally ill or lose their decision-making ability.

An EPA is different from a normal Power of Attorney, which only remains valid so long as the donor is still capable of making decisions. Under an Enduring Power of Attorney, an Attorney can act even after the donor loses their legal capacity.

What does an EPA authorise my Attorney to do?

An EPA does not authorise your Attorney to do everything on your behalf. It will only authorise them to make decisions about your FINANCIAL and PROPERTY affairs. It is important to remember that an EPA does not cover non-financial decisions – for example decisions regarding your health care or medical treatment.

If you are unsure about the types of decisions that an Attorney can make under an EPA, you should seek legal advice.

Why Should I Make an EPA?

An EPA is necessary to protect your assets and ensure that they are managed by someone you know and trust in the event that you suffer a mental disability.

If you own any property, you should consider making an EPA. A loss of legal capacity can be gradual or sudden, occurring as a result of an accident, injury or through illness or trauma later on in life.

It may not be possible to predict or prevent the onset of mental disability, but by appointing an Attorney under an EPA, you will be safeguarding your interests by putting your financial affairs in the hands of someone you trust.

Who should I appoint as my Attorney?

You can appoint anybody to be your Attorney, including your spouse, partner, children, relatives, friends, lawyer or financial adviser. You can also appoint more than one Attorney, for example where you want your children to act together (or separately) as your Attorneys.

The most important consideration you must make before appointing an Attorney is whether you can trust that person to make decisions about your financial affairs. Ideally, it should be someone who you know will manage your affairs and make decisions in your best interests.

I often tell my clients to consider the following:

If you appoint one of your children to be the attorney, is that child going to put you in the cheapest nursing home or the most expensive. Bear in mind that when you pass away eventually, that child may stand to inherit a more valuable asset if he or she placed you in an "el cheapo" nursing home.

What happens if I don't make an EPA?

If you lose your ability to make decisions and have not appointed an Attorney under an EPA, the State Administrative Tribunal may appoint an Administrator on your behalf to manage your affairs.

Take note that a state appointed Administrator may not necessarily be someone who you trust to manage your financial matters. It is very important that you consider the need for an EPA to be in place to prevent this possibility from arising.

In most cases, an EPA will be preferable because it gives you the power to appoint someone to be your Attorney. At the end of the day, the time and cost involved in making an EPA will be a small price to pay for your peace of mind.

How do I make an EPA?

For an EPA to be valid, it must comply with the requirements set out in the Guardianship and Administration Act of 1990.

In addition, a person making an EPA must be of sound mind when the EPA is made. If there is any doubt as to the mental state of the donor, a medical opinion should be sought to confirm their legal capacity.

There are standard EPA forms that are available for download on the State Government’s website. As a donor, you can complete an EPA yourself or you can arrange for a lawyer or Trustee Company to prepare the documents for you.

You can also specify in your EPA exactly how you want your Attorneys to carry out their responsibilities. All Attorneys will have obligations under the Guardianship and Administration act and it is open for you to provide special conditions that apply whenever they make decisions for you.

If you are unsure about the legal effect of an EPA or what rights and obligations an Attorney has, you should seek legal advice.

When does my Attorney’s appointment come into effect?

An Attorney appointment can come into effect either immediately after the EPA has been signed, or only once the donor has been declared legally incapable of making decisions.

In your EPA, you must specify whether you want the Attorney to assume power immediately, or whether the appointment will only be valid after the State Administrative Tribunal makes an official declaration that you do not have legal capacity to make your own decisions.

If you appoint an Attorney to act immediately, it is important to remember that your Attorney must act in accordance with your directions whilst you are still legally capable.

An EPA can be revoked at any time, provided that you are still of sound mind at the time you revoke it.

As we get older, we may need to consider arrangements that can protect our assets if we are unable to do so ourselves.

As the population gets older, it is imperative that EPAs be considered as early as possible before it is too late.

Till my next blog, I hope you all keep well physically and mentally.

Partnership issues if you become self employed with a partner

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Fri, 29 May 2009 16:49:00 +0000

Dear friends and readers

It is a new financial year. You may have looked at my last 2 blogs about going into business.

Sometimes, you may find that although you wish to become self employed, you may not have the funds to go on your own into a business.

You might have considered having a partner to share the expense , the load and the risk. Sometimes that may be a good idea as two heads are better than one.

However, there are several things to consider as having a partner can be like going into a marriage. Questions that may need to be considered include:

(a) do I really need a partner?
(b) Is the partner going to be a blessing or a curse?
(c) What is the partner going to do for the business?
(d) What if I want to dissolve the partnership?
(e) Should I have a partnership agreement?
(f) What happens if I do not have a partnership agreement?

Well, I had the opportunity of discussing some matters regarding partnerships with Jeff Miles, my business doctor. Have a listen to our latest podcast which may save you a load of money if you are thinking of taking on a partner.

Please visit

http://www.tanandtanlawyers.com/podcast/Perth_Asian_Lawyer_Podcast_-_Ep4_Partnerships(3).mp3

If you have any questions regarding a potential partnership issue, feel free to email me at ray@tanandtanlawyers.com

Till then, have a good day.

Golfing and being in Business

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Wed, 22 Apr 2009 16:54:00 +0000

Dear Readers

The golf bug has hit me again. I had been away from the golf course for over 13 years after my 1st son was born. That was because I could not justify playing golf and spending the time away from my young children.

Well the kids are now able to play golf and walk and play at least 9 holes with me. They do complain and usually ask to use a motorised buggy. But, what the heck, what's the point of playing golf unless you walk. That is what I say.

I have also been fortunate in being able to play with the Pua brothers on a weekly basis. They are inspirational and motivational. Henry, Frank and Ray Pua have been my constant companions and guides to bring me back to the love of golf. Thanks guys.

Bought the missus a brand new golf set too so she can get into the game properly.

Well, what has that got to do with the law, you may ask.

You see, I have been able to take a Thursday afternoon off every day to play golf.

Now if you were employed, what is the chance of doing that on your boss's time?

If you are the boss, of course you are able to do that as long as :

(a) you have systems in place for your business;
(b) you are able to delegate your work;
(c) you manage your time appropriately.

Which brings me back to the new article I have written for Perth Woman and which is a continuation of my last article about being a boss.

Please look at:

For my friends and clients who are also golf enthusiasts, do drop me a line if you wish to have a game with me.

Podcasting

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Tue, 10 Mar 2009 15:42:00 +0000

If you listen to the latest marketing gurus, it seems podcasting is the new way to promote your business.

I quite agree and I have been spending time organising podcasts to showcase some of the areas of the law that I deal with.

It has helped my clients as I can quickly refer them to a source of legal knowledge.

I have learned so much about podcasting in the last few weeks. Thanks especially to Andrew Real, Consultant, based in England. He has been a real blessing and a fountain of knowledge.

Andrew can be contacted at Andrew Real [andrew@seaton-electronics.co.uk].

I met Andrew through www.elance.com. That is an amazing portal where you can appoint all sorts of consultants to assist you in your work. It is truly a global market place.

Well, the result of it all is the first podcast by myself dealing with family law.

I must have gone through the same speech a thousand times to my family law clients. So I thought it would be great to podcast it so I do not have to repeat myself.

The 2nd podcast is in relation to wills. This is an interview with my business mentor who is called Jeff Miles the Business Doctor. Have a listen as you will definitely find the subject interesting.

I hope to update the podcast subjects as often as twice a month. If there is any subject you readers are interested in, please send me an email.

Till we blog again, have a good evening.

Have a look at http://www.tanandtanlawyers.com/legal_podcasts_podcasts.html

Things that can go wrong when Associations are not managed properly

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Sat, 21 Feb 2009 11:40:00 +0000

Dear Readers,

I was recently involved in a Supreme Court case where the acting secretary of the Association tried to sell part of the Association's land without authority.

The summary of the case is as follows:

The AUSTRALIAN CHINESE CONFUCIUS-MENCIUS SAINT TAO CENTRE INC association was incorporated in Dec 1992 by 6 well meaning Saint Tao followers. The religion incorporates elements of Confucianism, Taoism and Chinese Buddhism.

One of the founding member was Sheng Chin Lai (the “Plaintiff”) in SUPREME COURT OF WESTERN AUSTRALIA action Lai v Tiao (No. 2 (2009) WASC 22.

In 1995, Lai donated over $250,000 to the Association to purchase Lot 42 Warton Road, Canning Vale, Canningvale with the aspiration that a Tao Centre temple would be constructed on the land, and eventually, homes built for the elderly in its vast compounds.

The other founding members were Cheng Chih Tiao, Hui Ping Wang (both known as the First defendants in this case), Yun Sen Chou, Ho Ming Wang and Song Tyan Kuo.
With the donations from over 200 donors and well wishers, a temple was constructed and completed in March 1996 with a grand opening ceremony.

The list of of over 200 contributors is engraved on a marble plaque which is placed at the temple.

In April 1996, there was a meeting between the 6 original contributors, ie Lai and Chou, Ho Ming Wang and the 1st and 2nd defendant and finally Kuo. There was a huge disagreement between the 6 original contributors regarding how the temple should be operated. Lai and Chou decided to make things easier for all concerned by refraining from further involvement in the temple.

Ho Ming Wang died in 2001, and the First defendants, Tiao & Wang took total control of the association and its funds.

On 11 May 2004 Tiao signed a contract to sell part of the temple land to Level Holdings Pty Ltd (“Level”). According to the contract, in return for developing the land into ten lots, Level will keep 5 lots and the Association was to keep the other 5 lots.

Tiao signed the contract, using his personal address and without the Association’s seal.

By sheer chance, Lai discovered that the land was being developed in Jan 2005 and immediately instructed Tan and Tan Lawyers to lodge a caveat to protect the interest of the Association.

On 17 Jan 2005 and 1 Feb 2005, Lai through Tan and Tan Lawyers demanded from Tiao all information regarding the contract with Level as Lai suspected no authorisation had ever been sought by Tiao from the members.

Instead of responding to the question as to whether he was authorised to sell the land, Tiao signed up 38 new members, who comprises some of his family and friends. He now claimed they are the new members of the Association.

He then organised the 1st ever AGM of the Association on 26 Feb 2005 and convinced the “new members” to pass resolutions to:

1. Approve the development of the land to raise infrastructure funds for the Association.

2. Ratify all past acts, deeds, transactions and omissions of whatever nature of each of the officeholders.

When Lai finds out about the 1st ever AGM and the resolutions that were passed, Tan and Tan Lawyers went to the Supreme Court and obtained an injunction against the land being transferred to Level.

By this time the land was worth, conservatively, at $1.8million.

The injunction was granted on 19 Apr 2005. At the injunction hearing, it became clear that the Association had never maintained a list of members, from 1992 until the issue was raised on 10 January 2005 by Tan and Tan Lawyers. There was therefore no authorisations obtained from any members regarding the land sale to Level Holdings.

At this point, it was also revealed that no accounts were ever maintained by Tiao in that time. It also appeared that the Association’s funds were merged with Tiao’s personal accounts.

For the next two years numerous interim applications and injunctions were lodged and fought by the parties until the final hearing which was heard on 19 Nov 2007 for 6 days.

The hearing centred around :

(i) Who is supposed to be a member of the Association as Tiao never kept any list of members or proper accounts from 1992? (ii) whether the selling of the land was authorised.

None of the donors who contributed towards the temple building funds were consulted on the sale of the land as Tiao insisted they are not members and had no interest in the Association.

Tiao claims his 38 members should be the only legitimate members as they were on record at the first ever AGM. And since they had ratified his actions at the first ever AGM, his actions were sanctioned.

Lai was of the opinion that all persons who had contributed towards the Temple construction should be accepted as legitimate members.

(ii) Was Tiao authorised to sign the Level Holdings land contract? The decision of who is a member was crucial to the answer.

The decision of the Judge was delivered in a 162 page judgement on 12 Feb 2009 as follows:

(i) All persons who had initially contributed towards the temple construction and whose names are listed in the temple plaque are the rightful members of the Association.

(ii) That the meeting on 26 Feb 2005 where the 38 members were signed up by Tiao were invalid. Therefore the resolutions passed to ratify the actions of Tiao and the decision to continue with the sale of the land to Level Holdings are invalid.

(iii) The Judge found that Tiao operated the temple like his own “fiefdom” disregarding the interest of the persons who should be the rightful members.
Quote from Justice Johnson:

“In my opinion, at all times the first defendants (“Tiao and Wang”) have acted out of self interest and not in the interests of the Association and it’s membership. Over time, Tiao has adopted the approach that it is his perogrative to decide what is in the best interests of the Association. He either has no grasp of the concepts of separate corporate identity or chose to disregard the distinction between his view and that of the Association which would normally be identified by the resolutions passed by members at general meetings.

This is best illustrated by his decision to enter into the Level Holdings contract without raising the matter at a validly convened board meeting with notice given to all board members before putting the matter before the members of the Association at a validly convened general meeting. Such steps were required of Tiao but, in my view, he deliberately declined to take them”.

(iv) The Judge also found that Tiao had mixed his personal funds with the Association’s funds.

(v) The Judge declared that the contract to sell the land to Level Holdings was unauthorised.

(vi) The Judge also declared that Conal OToole and his counsel P McGowan, were not validly authorised by the Association to represent the interest of the Association.

The Judge has now ordered that there be a meeting as soon as possible by all members who are listed in the temple plaque to decide what they want to do to resolve the issues faced by the Association.

The Association continues to be represented by Mr Raymond Tan of Tan and Tan Lawyers while Ken Robson acted as counsel.

All members whose names appear in the plaque located at the Association’s premises are encouraged to contact Mr Raymond Tan to register their interest in the forthcoming Special General Meeting.

This is a picture of the plaque at the temple.

A copy of the full Judgement can be found at :

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/wa/WASC/2009/22.html?query=lai

My personal brush with the law and finding out what it is like to sit in the back of a paddy wagon.

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Sun, 08 Feb 2009 14:18:00 +0000

My Saturdays are usually very routine. Bring the kids to Chinese School in the morning, clean up the house for the weekend, play badminton with my friends followed by dinner with the badminton players.

Last Saturday, 7 February 2009 took a slightly different turn. At dinner, there was a bottle of red wine shared between my wife and another couple. We did not even finish the bottle though I must admit I had more than the other 3 drinkers.

I decided to drive home instead of getting the missus to drive as it was a short trip and I was sure I was under the limit.

While driving back home from Victoria Park to Kensington, I saw the flashing and blinding lights of a copper's wagon.

I pulled to the side and got out of the car.

Yes, it is always better to get out of the car so that you can have a friendly chat with the cops to see what you have done. I find that sitting in your car while being questioned usually causes a bit more tension.

It is usually intimidating dealing with the law even though I am a lawyer and well versed in the criminal laws. This is especially where you are the suspect.

Constable Worthington, a very pretty constable and Constable Vellaquex (I think), an equally charming copper said they did not think I was turning the car properly when I turned right into Berwick St. The next thing I know, I was being breathalysed.

The reading was just above 0.05 which is an offence liable to a fine and demerit points but no suspension for a 1st offence.

I was then asked to return to the Kensington Police Station where I was to be tested again on one of their more sophisticated machines.

This is a picture of me getting into a police car taken by my sister in law.

It looks amusing now, and I was smiling when I stepped into the paddy van as I knew I had not committed a serious offence. Nevertheless, it is still a drink driving offence and should be taken seriously as many accidents have happened as a result of drink driving.

However, once you are sitting inside the paddy van, life takes on a different perspective. There are no cushions or seatbelts, and there is but a small window that you look out of. I am sure there was also no airconditioning. My mind immediately flashed back to a recent case where an Aboriginal elder collapsed in a prison van while being transferred to Kalgoorlie in stifling heat. He died a short time later in hospital.

Luckily for me the ride was just a couple of minutes.

At the station, I had to wait for over 1/2 an hr before the machine could take my reading. I had a good chat with the coppers about the law and their side of it compared to my perspective of it.

My final breathalyser reading was finally done and the reading was 0.059. However, the police then reduce the reading by the time of your last drink.

Under : ROAD TRAFFIC ACT 1974 - SECT 71

71 . Determination of blood alcohol content at material time

(1) In any proceeding such as is mentioned in section 70(1) a person’s blood alcohol content at any time which is or may be material in the proceeding (the material time ) shall be calculated having regard to —

(a) the time of the person’s last drink containing alcohol taken at or before the material time; and

(b) the material time; and

(c) the time at which the sample of the person’s breath or blood was provided or taken for analysis (the time of sampling ); and

(d) the person’s blood alcohol content at the time of sampling,

so as to give effect to the presumption that after a person’s latest drink containing alcohol the person’s blood alcohol content increases at the rate of 0.016g of alcohol per 100ml of blood per hour for a period of 2 hours and, after that period, decreases at the rate of 0.016g of alcohol per 100ml of blood per hour.

(2) For the purpose of making a calculation under subsection (1) in any case where any one or more of the times referred to in that subsection can only be ascertained as falling within a period of time, the calculation shall be made taking such time within that period as produces the result most favourable to the person charged.

(3) For the purpose of making a calculation under subsection (1) but subject to subsection (2), in any case where the time of a person’s last drink containing alcohol is not ascertained, the time of the person’s last drink containing alcohol shall be taken to have been such time as produces the result most favourable to the person charged.

(4) In any proceeding such as is mentioned in section 70(1), the concentration of alcohol calculated to have been present in the blood of a person at any time under the preceding provisions of this section shall be conclusively presumed to have been present in the blood of that person at that time.

Based on the assumption that I had a last drink 1 hr ago, the reading was reduced by
0.016 which brought my reading of 0.059 to below 0.05 or 0.43 to be exact.

That meant I had not broken the law by drink driving.

Well, with a handshake to my police friends, I bade them good night as my wife Annie, was waiting for me to drive me home.

I was glad to have been able to experience part of the process of drink driving arrests. I was even more relieved that I did not have to go through the whole process by being charged.

I do suggest to my friends and clients that drink driving offences are very serious offences as it can cause the loss of lives or injury. It will also result in financial hardship especially when you cannot drive to work.

Any person who commits a 0.08 drink driving offence automatically gets a 3 mths suspension. For certain categories of drivers, the tolerance is below 0.02.

The court system does however allow a person who has been disqualified to apply for an extraordinary licence. These licences are getting harder and harder to get as the courts get serious about drink driving.

One of the lessons learnt is that if you had a last drink 1 to 1 1/2 hrs ago the police will give you the benefit of the doubt by taking the lowest reading possible.

Conversely as the alcohol level is presumed to decrease after the 2nd hr you will not get the benefit of a reduced reading if your last drink was 3-5 hrs before being breathalysed.

However, the best lesson is that if you drink, you should not drive.

Till my next blog, drive carefully.

Love of badminton and being beaten by my son Jazton at singles

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Mon, 19 Jan 2009 11:22:00 +0000

Hello and happy new year to all. I am sure 2009 will be a better year than 2008.
The Chinese New Year is coming up next week. It is supposed to be the year of the Ox. I was born in the year of the Ox and have great expectation that the new year will bring more exciting challenges and accomplishments.

For those clients who know me well, they will know that for the last 6 years I have been playing badminton at least twice a week. My 2 boys have been playing badminton with my wife and I since they were about 6 years old.

In my previous blog I lamented and rejoiced at being beaten by my youngest son Tyzton at swimming.

I knew that I would eventually be beaten by my eldest son Jazton at badminton. I supposed I taught him his back hand too well.

A proud father I was last weekend when Jazton finally beat me at singles. It was a hard fought game but the old man just got out of puff.

I am sure Jazton will move on to greater victories at badminton. Likewise, Tyzton is just finding his strength and stamina while playing badminton.

Jazton and Tyzton became the WA State Under 13 Boys Doubles Champions last year much to the joy and delight of my wife and I. Here's a picture of both of them receiving their prize.

As usual, what has this got to do with the law. Well, have a look at my latest article on Perth Woman. It's about "Being your own boss".

What does one need to do to take the step from being employed to being self employed.

I have seen my son Jazton grow as a baby to being a young teenager who beats his dad at badminton. Soon he is about ready to be his own "boss".

Just like many readers who are employed now, are you ready to take the next step to be your own boss. Perhaps now is the best time with the unspoken recession bearing on us.

Do enjoy the issue and give me an email if you have any questions.

Buddhism and the Law

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Tue, 25 Nov 2008 14:57:00 +0000

I had the privilege of attending a dinner hosted by the Buddhist Society of Western Australia on 25 November 2008.

Ajahn Brahm, the Abbott of the Bodhinyana Monastery was kind enough to speak to the guests on the issue of Buddhism and how it applies to corporate Australia.

His words and advice were most reassuring and I was pleasantly surprised how he was able to relate Buddhist principles to the corporate world.

He recited a short story from Leo Tolstoy which I believe is so applicable to all aspects of life including the practice of the law.

The story was about an emperor who sought the philosophy of life. He ended up with 3 simple questions:

1. When is the most important time?
2. Who is the most important person?
3. What is the most important thing to do?

The answer to the 1st question is NOW. NOW is the only time we have. If you wish to thank your receptionist for the good work she has done, NOW is the time. Not tomorrow or the day after.

The answer to the 2nd question is: the person standing in front of you and requesting your attention. We often do not give our full attention to the person speaking to us. I suppose if all couples practice the answer to this 2nd question, the divorce rate in the world will drop.

The answer to the final question as to what is the most important thing to do is: TO CARE. Unless we care about what we are doing and why we are doing it, then there is no reason for us to function. Likewise , unless we care about what we are doing for our clients, we will never be good lawyers.

It was a short speech filled with humour and compassion.

I hope I am able to practise what was taught by Ajahm.

Until my next blog, I wish my readers well.

What happens if you die without a will?

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Wed, 10 Sep 2008 14:30:00 +0000

Dear Readers,

I never tire from talking about wills and how important it is to have an updated will.

I have been in practice for over 18 years. In those years, I have prepared thousands of wills for clients. As I get older, I realise that those clients who have had wills prepared by myself are also getting older. I recently attended a funeral for one of these old clients. It was lucky that a will had been prepared as it will save the family a lot of anguish. Have a look at this article from Perth Woman which deals with the question of what happens if no will is prepared.

Spouse Migration Tips

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Wed, 20 Aug 2008 16:38:00 +0000

Dear Readers,

I would like to share with you my latest article in the PerthWoman magazine.

It deals with the issue of spouse migration and tips on how to ensure you succeed in getting your loved one into the country.

Having been a registered migration for over 18 years, I have seen my fair share of cases where the Department of Immigration (in it's various forms and name sake) have separated loved ones through their red tape.

Many genuine couples have been separated by the Department of Immigration because the couples are not familiar with how the Department officers think. I hope this article will set you thinking about the best way to get your loved one by your side.

Do feel free to email me if you have any questions.

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Wed, 23 Jul 2008 17:39:00 +0000

Proud Father of 2 boys who are Tae Kwon Do black belts

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Wed, 23 Jul 2008 16:54:00 +0000

Tyzton's black belt day

Yes, after years of training my 2 sons aged 10 and 12 are both holders of black belts in Tae Kwon Do.

Jazton , my 12 year old son got his black belt at the age of 10 yrs on 16 December 2006.

His younger brother Tyzton recently achieved his black belt on 28 June 2008 also at the age of 10 yrs.

All of their training and achievement can only be attributed to the patience of my mother in law, (bless her). She drove them to all the classes and sat through hrs and hrs of training before my sons graduated.

As a token of her achievement and sacrifice, my family is getting a picture frame done with all the belts obtained by the boys before reaching the color black. That frame will be dedicated to my mother in law.

Again, what has that got to do with the law?

I suppose it is harder to assess the standard and quality of a lawyer as they do not award belts to show the public the level of the lawyer's expertise.

So, how do you decide who to appoint as a lawyer when you need one. Well, have a look at the article written by myself for the PerthWoman magazine entitled a "Date with a Lawyer". That's in my previous blog. Hopefully that answers some questions.

I hope my boys read this blog so they will know how proud they made their father when they both got their TKD black belts.

Binding financial agreements or Prenups

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Tue, 03 Jun 2008 17:46:00 +0000

Of late,I have had numerous requests for information on binding financial agreements. They are the equivalent of pre nuptial or post nuptial agreements. The laws allowing such agreements to be signed are quite recent and there have not been many cases on the issue.

Please find an article from Perth Woman which answers some questions.

If you need advice, see a lawyer to protect your interest and save you money.

Raymond Tan

Article in Perth Woman Magazine

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Thu, 15 May 2008 18:36:00 +0000

Dear Readers

What issues do you consider when you are faced with a property settlement problem in your marriage?

What is a defacto relationship?

Do I go for mediation?

These are some of the questions that were asked in my latest article in Perth Woman.

Please have a read and email me at my free email legal advice section of my webpage at www.tanandtanlawyers.com.

Holiday in Japan

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Sun, 27 Apr 2008 16:20:00 +0000

Yes, I have been away from work and my blog. The family spent some time in Japan last week. It was a great holiday. Tokyo is awesome. The crowds in the street are amazing when you compare Perth WA.

I took a 6 day tour organised from Singapore. I actually met a couple of guys who were from my secondary school, Gan Eng Seng Secondary School. It was uncanny. Here's to Choy and Loo. It was great meeting up and talking about our alma mater.

I also met a couple of business prospects in Japan regarding trade mark applications.

Midori was most helpful. I also enjoyed talking to Mr Yajima and Mr Yuhara. They are the typical Japanese mid level management staff. Their outlook on Japanese life was most interesting.

Pictures of Midori, Mr Yajima and Mr Yuhara are here.

It was good discussing the different aspects of life experienced by the Japanese as compared to Australians.

What was most amazing was the food that you can taste in Japan. Each train stop usually leads to a Japanese supermarket which has several levels of food stalls which are frequented by commuters. These commuters logically do not have time to cook a meal and hence resort to takeaways. The only thing is that their takeaways are art compared to ours. Have a look at the picture and video of a typical stall.

The history and culture of the Japanese can only be rivaled by the Chinese. There are temples which are 2000 years old.

The gardens are the most impressive I have seen in my travels. I have added some pictures of the gardens as they are so beautiful.

However having said all that, it was good to return to Australia which is my home. There is nothing like the warmth of your own bed.

So until my next break, here's back to work.

Advice on Will

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Tue, 01 Apr 2008 16:14:00 +0000

Advice on Wills

Have a look at my video blog re some questions regarding the preparation of wills.

A will is important at any time of your life. It ensures that your wishes regarding the distribution of your estate is carried out peacefully. It will stop family members from fighting if done properly. Have a listen and call me for an appointment if you want to know more about protecting your interest.

Article in Perth Woman Magazine

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Sun, 30 Mar 2008 14:20:00 +0000

Have you ever felt apprehensive about making an appointment to see a lawyer?

You should not feel that way as the lawyer is there to protect your interest and save you money.

Please read the article in Perth Woman as it deals with the preparation that will help in saving you money when you see a lawyer for advice.

Old friends and clients going through separation

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Tue, 11 Mar 2008 16:32:00 +0000

I had coffee with an old client and friend today. With a sadness in his eyes, he told me he was separating from his wife after years of marriage.

It is sad that in Australia, a high percentage of marriages end up in divorce.

This is from the Bureau of Statistics:

DURATION OF MARRIAGE OF DIVORCING COUPLES

In 2001, 17% of couples had divorced within the first five years of marriage, while a further 26% had divorced in the following five-year period. The most common single interval between marriage and divorce was between five and six years (6%). In 2001 the median duration of marriage to divorce was 12 years, up from 10 years in 1981.

I suppose you can only say that it may be in their best interest so that they can move on with their respective lives.

I suggest going through the following checklist if you are going through a separation:

1. Discuss with your spouse, if possible, what is to happen with your children.

2. Prepare a list of assets and liabilities so that when you see your lawyer, you have all the required information.

3. Obtain as many documents as possible to evidence your assets and liabilities.

4. Instruct a lawyer immediately to prepare a will. This is crucial to cover any eventualities prior to finalising your property issues.

5. Inform your superannuation trustee your updated wishes regarding your superannuation fund.

6. Speak to a lawyer asap so that they can advise you on your legal rights.

They may be basic steps but they could make the difference between a clean settlement and a messy one.

WHEN YOUR KID BEATS YOU AT SPORT

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Tue, 26 Feb 2008 16:05:00 +0000

Today, the 26 Feb 2008 I was finally beaten by one of my boys at sports.

A father brings up his child knowing one day , that child will hopefully excel the father in all the father has done. Especially in sports, the father of the child first teaches the child for eg. to swim as a baby. Then the baby grows up and suddenly one day the baby becomes a young boy. The young boy today beat his old man at swimming.

The boy who beat me today was my youngest son Tyzton. He was never easy to teach. Always argumentative and temperamental. Being 2 years younger than his older brother, he was always trying to catch up on motor and sporting skills and comparing himself to Jazton his older brother.

It was a hot day today. When I came back from the office Tyzton kept bugging me to bring him swimming.

I was too lazy as it had been a long day. However Tyzton as always was persistent, which is one trait I always loved about him although it was always a test as to who could wear whom down.

He told me he would swim 10 laps with me?

10 laps? why, in all the times he went to the pool with me, he just wanted to fool around. I have seen him swim a lap at most but it was always after great persuasion.

I decided to humour Tyzton and bring him to the pool. I told him, if he decided after 1 lap that he did not want to swim any more, I would be disappointed.

So there we were, at the Wesley School pool.

At 9 yrs of age, he is a slight figure but muscular for his age. We jumped into the cool water after the hot day.

It was refreshing. I decided to use flippers as I am not a great swimmer. I did 2 laps freestyle and was surprised to see him finishing the laps behind me. And that was without him using flippers.

So I took out my flippers and told him we would swim a lap using breast stroke. We set off and guess what, he kept up with me. I had never seen him swim that well before.

I told Tyzton we would do a lap of free style. It was a real awakening. The moment when you realise your child has grown and learned all you have taught him. The moment you realise that not only has your child learned what he has been taught, he is now doing better than his teacher and father.

He beat me fair and square. And try as I may the next 7 laps, I could not beat him.

The feeling of pride in my youngest son was just so difficult to measure.

As I said earlier, I love sports. I have taught my 2 boys badminton, golf, swimming, tennis, cycling and anything sporty.

Today, I was beaten by my youngest son at swimming. It was a proud moment for me. My son has grown up.

What has that got to do with the law? Nothing, except that perhaps one day, my sons will take over the practice and bring Tan and Tan Lawyers to even greater prominence.

To my son Tyzton, if you read this blog, you will know how proud your dad is today.

Families and wills

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Sun, 17 Feb 2008 14:22:00 +0000

It's nearly the end of the weekend. I am preparing a will for a client and thought it might be a good subject for the next blog.

Families and Wills

A husband and wife came to see me last week to make a will. They
were from Asia and had 1 son and 1 daughter. They wanted to leave all their properties to their son. They were from a very traditional and old fashion family.

I tried my best to explain that in this day and age, what they were proposing sounded most unfair. I took great pain to explain to them that it was not just the issue of leaving their properties to their son. I told them they had to consider how it would affect the relationship of the son and daughter after their death.

I have seen families broken up as a result of wills that favour different children.

I have acted for a 70 year old mother who had to sue her son because her husband did not make a will and finalise his affairs before his death.

There are lots of problems that can be caused by a failure to plan.

The law also has a set formula for distributing estates where there is no will. That formula may not be how you wish your estate to be distributed.

Failure to plan is tantamount to planning to fail.

So what needs to be considered if you want to make a will.

The first point is to decide who is to be your trustee/executor.

The term is used interchangeably. The job of the trustee is to obtain a piece of document from the Supreme Court. That document is the Grant of Probate. The Grant of Probate allows the trustee to sell the properties belonging to the estate.

The trustee is then to distribute the estate according to the instructions in the will.

Whom you appoint as the trustee is a very important matter. The trustee has to be someone you trust as they control your assets. They may well sell everything and disappear to the Bahamas.

So choose a trustee that you know will not disappear with your estate.

If you have young children, it is also important to choose a guardian who will agree to look after your children until the children are adults.

After you have decided who is to manage your estate, you have to decide how you wish to distribute your estate.

Do you wish to give everything equally to your children?

When do you wish them to receive their money?

What can the trustee spend your money on while your children are still infants?

What happens if your children and spouse do not survive you. Who gets your millions?

So many questions but it is best to get help as a will is a very important document.

So till the next time, enjoy the blog.

Chinese New Year Celebrations

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Fri, 08 Feb 2008 12:12:00 +0000

Gong Xi Fa Cai

That's the traditional greeting for the Chinese New Year celebrations. We are on to the 4th day of the Chinese New Year. Traditionally, the celebrations lasts for 15 days. In China, a majority of the workers return to their home villages after working away from home for the whole year. The news this year of all the China workers getting caught in bad weather conditions that have prevented them from getting transport home shows how lucky we are.

The Chinese New Year is a time for us to take stock of what we have. Lets count our family blessings and our business related blessings.

Every year, for good luck, I get lion dancers to perform at my office. Here's a picture of one of the lions this year with my boys and their friend Ethan.

The new year is a good time to consider buying a business.

For those of you who are contemplating going into business or buying a business, I have the following 10 points to consider:

1. Never sign any offers to buy any business until you have received legal advice. The lawyer should help to draft your conditions of purchase that will protect you.

2. Always ensure there is a clause to allow your accountant to check the figures. That makes sure that the business income is as represented by the seller

3. Make a list of all assets that comes with the business. If the photocopier is supposed to be included, make sure it is listed in the schedule.

4. Ensure that you have a clause to allow you to opt out if the lease terms are not favourable. There is no point in buying a business if the lease for the premises is going to expire soon.

5. Ensure that any employees that are going to continue to work with you have all their long service and other leave benefits paid out.

6. Have a clause that allows you to check the business turnover just before you purchase the business.

7. If the business is a franchise, make sure that the contract is subject to your lawyer approving the franchise terms.

8. If you are financing the purchase make sure that you update the vendors regarding the finance approval.

9. Discuss with your accountant what business structure you are going to use. This should be done before you even make any offers.

10. Ensure that you are happy with your settlement date. Will everything be ready by then?

There are many other minor details which can make your purchase a breeze. When in doubt, speak to a lawyer.

Till my next blog. See you and enjoy the rest of the Chinese New Year.

Weekend and gin rummy

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Sat, 02 Feb 2008 16:55:00 +0000

Its the weekend again. My weekends are spent playing badminton and tennis. In the evening, it is usually playing gin rummy with a group of friends.

One counts one's blessing by the friends one have.

I think I have been blessed many folds as I have great friends who provide me with great company and friendship.

If you read Napoleon Hill, his suggestion is that you spend weekends meeting new people to add to your circle of friends so as to increase your business prospects.

I have been spending my weekends with the same group of friends for over 5 years. We play badminton in the day and then gin rummy at night. All the children grew up together. The friendship is tight knit and that keeps the families strong.

I believe one of the reason many spouses split up is because they do not spend quality time together as a family with good friends.

It is not easy getting a group of friends together where the husbands and wifes all share the same mutual hobbies. If the spouses share the same hobbies, the safe bet is that the children enjoy the hobbies too.

I believe one of the reasons many couples split up is because they do not have mutual friends that the husbands and wifes enjoy time with.

So what happens to those marriages? Well the strain sometimes lead to breakups.

The issue is what happens when there is a break up.

Here are 5 things that any couple should think of if the marriage fails:

1. Speak to each other to confirm there is no future in the marriage. You only see a lawyer if there is no other option. If the marriage can be salvaged, it is best to see a counsellor.
2. If the parties agree that the relationship is hopeless, then they need to consider what assets they have and how they wish to split up the assets.
3. Whatever decision is made regarding the assets, the parties should see a lawyer to finalise matters. That is because there may be substantial tax and stamp duty consequences if the matters are properly settled.
4. Agree that despite the relationship ending, the most important concern is the welfare of the children of the marriage. Too much time and money is spent fighting in courts over children because of anger. Those fights do not help the children at all.
5. Prepare a will so that during the time the family matters are being sorted out, if anything happens to either spouse, the wishes of the deceased spouse has been declared.

It is a sad fact that many of Australian marriages fail. It is sadder that lots of these couples spend too much time fighting in court. The only winners are the lawyers. It is better to negotiate a settlement as soon as possible.

However , the first step to take if you feel your marriage is rocky, is to see a counsellor, If that fails, you should see a lawyer for advice.

Goodnight.

Being streetwise when it comes to the law

raymond@tanandtanlawyers.com (ray@tanandtanlawyers.com) — Tue, 29 Jan 2008 15:29:00 +0000

Was playing tennis with my boys after work.

Yes, this is the 4th day in a row I had to play tennis with my boys because of the school holidays.

When do I get a break?

Was just looking at my sons in the tennis court and wondering how lucky they are in their life compared to the upbringing that I had. As I said in my previous blog, I come from a family of ten kids. I am no. 9 on the scale.

Our family was not remotely well off. Dad was a taxi driver at some stage in his life. He did what he could to support us.

Mum used to be a seamstress. That's her picture on the page with my family at home.

My earliest memories of my mum are of her working as a seamstress. We used to live in state housing which were like high rise apartments. These contractors used to bring their sewing work to the apartment compound to hand over to people who wanted to do the work. They were quite selective and usually rude and overbearing as one's livelihood could depend on their generosity.

I always remember mum having to plead to be allowed to do the work for them. My mum's work did help to support the family substantially and to this day, I have always loved her for that. Visions of her putting water on her eyes to stay awake to finish the work has always endeared her to me.

She also used to frequent pawn shops to pawn her jewellery when funds were short.

The pawn shop would give her a hand written ticket in Chinese whenever she pawned her stuff.

In the 1970's a pawn ticket of say $30 Singapore could feed the family of 10 for 1 mth.

I have a collage of her pawn tickets framed and sitting with pride of place in my office so as to honour her sacrifice to the family. In fact, I will put a picture of it on the blog as I am very proud of what it symbolises.

Which brings me to the topic of this night's blog.

I believe being streetwise due to my upbringing has helped me substantially in my work as a lawyer.

I recall a case where a client claimed he paid $300,000 cash to a friend. He was suing his friend for the return of the money. I asked if he had any witness to the transaction. After a few days, this client brought in another friend who was supposed to have seen my client handing over the $300,000 to the friend he wanted to sue.

I questioned this witness at length about what he had seen.

Do you know how long it takes to count $300,000 in $100 bills? It takes a long time as I have seen it being counted before in another case.

This witness was unable to confirm how long the counting took. After substantial questioning, the witness admitted that he never saw the transaction. He admitted he was lying to me.

I supposed if I was not streetwise, I would not have caught out the witness. Better I catch the witness out then the witness going to court and be found to be lying.

Being a lawyer requires us to read alot and be able to communicate our thoughts and reasoning to judges and fellow lawyers. However, we also need to communicate our advice to our client. If we are not able to break the advice down to simple and understandable English, we will be failing in our service to our client.

Interviewing techniques are also crucial when we see clients. Being streetwise, I believe helps a lawyer to understand what to ask and how to make sure the client is telling the truth.

Good night for now.