The Perth Asian Lawyer

Surviving the CEO Sleepout 2011

2011-06-19T07:03:00.000-07:00

Dear Friends

Yes, I managed to survive the 2011 CEO Sleepout.

The toughest part was the hunger and cold. I did not have achance to get a good meal before registering for the night.

Instead of lamb shanks like last year, I had a real soup androll.

The company was great and I managed to meet the WAGovernor Designate Malcolm Mccusker and his wife Tonya.

At 11 pm. Steve Farano and I decided we had to find a place to bunk down. We decided to bunk at the same place I slept in last year. It was more fun with company this time.

The night was cold but at least it did not rain. Steve and I got up at 630 am and went to have breakfast with the other CEOs before walking home.

I managed to stay No. 4 in the list of fundraisers. Thefinal amount raised by myself was $18,350 with a $2000 donation from a charityorganised by Andrew Forrest. He actually donated $2000 to each of the 107participants. That means I was ranked No. 5 but I take my hat off to AndrewForrest for his generosity and his PR move.

I was quite close to my $20,000 mark that I set myself.

There was some disappointment that not all the participantsworked hard enough to raise funds. I was disappointed that Eric Ripper, theState Leader of the opposition only raised $150 plus $2000 from Forrest. A fewother politicians were at the bottom rung of fund raisers.

Thanks to all of you for your generosity. Every dollardonated was appreciated.

The total raised in Australia was $3.9 million of which WAcontributed $600,000.

You have all showed that WA cares.

For those who forgot to donate, you can still do so till thenext week.

I certainly will take part again next year and try to beatmy current record. Till next year, keep warm and sleep well.

Helping the Homeless with St Vincent De Paul Society

2011-06-08T10:42:00.000-07:00

CEO SLEEPOUT AND SLEEPING AS A HOMELESS PERSON

Does anyone know what the temperature will be like on the 16 June 2011 in Perth?

I believe it will probably be at least 5 degrees. I hope it does not rain, as being cold is not as bad as being wet.

In my crazy golfing days, I have often been cold and wet while playing in the rain.

However, I know sleeping in the rain is not a pleasant matter.

As my readers are aware, I am sleeping out again as a homeless person to raise funds for St Vincent De Paul Society.

They do a lot of good deeds.

This is some information from their website. Last year WA CEO's raised– $474,185.

The funds were used in the following manner:

Establishment of an education and training fund to assist Passages Resource Centre clients in gaining the necessary skills to obtain employment
Allocation of funds for the acquisition of smart-riders for Passages Resource Centre clients
Rental of 3 properties within the Swan Region as short term accommodation for homeless people including those at risk of becoming homeless
Purchase of a townhouse in Mandurah to be used for short term homeless accommodation in conjunction with the expansion of our Youth at Risk and homeless services in the region.
Funding of a study into homeless services and gaps in the provision of these across the metropolitan area
Ongoing accommodation and support of homeless people and those at risk of becoming homeless

I have helped with some legal pro bono work in sorting out some of their land contracts.

However, my heart goes to helping them at whatever level I can as they help people who are most in need.

So far I have , through the generosity of my clients and friends, raised about $10,000. As I said, the target I have set myself is $20,000 this year. I am already half way there.

" Whatever the mind can perceive, it can achieve."

So, if you have a spare dollar , please go to http://www.ceosleepout.org.au/ceos/wa-ceos/profile/?ceo=283

to make a tax deductible donation.

Think about how warm your heart will be on a cold 16 June 2011 when you know you have done your part for the homeless.

ANNIVERSARY OF TAN AND TAN'S OPERATION AT 6/78 TERRACE RD, EAST PERTH

On another note, I just realised that we have been operating at the Terrace Rd office for a year since the 5th June 2011. It has been a great year settling into the new office. The staff and clients all enjoy the location and the convenience of off street parking. We had a staff lunch on Friday to celebrate.

As we did last year, lunch was held at the park in front of the office. We were happy to share lunch with Brian Nugewela and Tony Aristei, 2 leading counsels in Perth. Alison was able to join us with Brian.

MORLEY OFFICE

Another announcement: I started operations at the Morley branch office on 3rd June 2011. The address is Unit 2/8A Progress St, Morley. I am sharing offices with JJD Accountants. Things are just starting in our collaboration to bring legal and accounting services to our clients. Will keep you updated.

Good night for now and remember to donate to my sleepout.

Sleeping as a homeless person again this year

2011-05-03T09:13:00.000-07:00

There has been lots of changes recently.The staff has been restructured to increase productivity.

I am moving part of the practice to Morley together with an accounting firm. This is to allow me to market to the Vietnamese community as the accountant is Vietnamese. I see a great potential with this alliance.

On the sports front, I recently won my first badminton trophy as a C division Mixed doubles player with my partner Jenny. The price of winning was a torn hamstring which I am still nursing. I think I have a a good chance to win a B division mixed doubles as long as my hamstring has healed.

On the personal front, I have celebrated my 16th wedding anniversary. It was a strange one. On the eve of the anniversary, my wife's handbag and purse was stolen from my house. This was because my mother in law ( she suffers from dementia) had left all the doors open while watering the garden.The thief just walked in and took my wife's bag and wallet.

That resulted in me having to cancel all our credit cards. That becomes a problem when you have to pay for an anniversary dinner. Luckily I managed to get into a client's Korean restaurant for dinner.Luckily the handbag was found and returned.

However, that still leaves us with the experience of having been burgled while we were at home. Not a good feeling.Anyway, I will keep you updated re Morley.

Coming back to the issue of sleeping as a homeless person. I raised $7000 in a time frame of 4 weeks last year.I am looking at raising at least $20,000 this year in my attempt to help the homeless.This is a growing problem in Perth and other parts of Australia.

Visit http://www.ceosleepout.org.au/ceos/wa-ceos/profile/?ceo=283 to make a donation to help the homeless in WA.

Turning 50 years of age

2011-03-23T08:43:00.000-07:00

Dear friends and readers

Yes, I have turned 50 years old this month!!!

What does it feel to reach that milestone?

Well, let's count my blessings. I have a beautiful wife who loves and tolerates me.

She is my soul mate and I trust her expressly with my children, my business, my love etc etc etc.

I have 2 beautiful boys who keep me occupied in golf and badminton. So, I feel young while trying to keep up with them. At 13 and 15 next May, they are both trying out for the WA Under 19 years Badminton team. I have taken to training with them and pushing my 50 yr old body. I wonder what they both think of when they see their old man training next to them.

I have my mother in law living with me. She suffers from short term memory loss and thinks every day is the eve of the Chinese New year. What a blessing to be stuck in that time warp. She comes with a 17 year old dog that keeps me busy cleaning up after it.

I have a great business with great employees that I enjoy mentoring.

I have a great group of close friends that meet every week for badminton and gin rummy.

So life has been good. Recently I have been advising public company shareholders on board takeovers. It has been a great experience and I believe there is so much more public company work that will keep me occupied. Who knows, I might be invited to sit as a director in a board for a public company.

Where do I go from here?

I am looking at expanding Tan and Tan Lawyers. The new premises is getting a bit tight already. My business doctor Jeff Miles wants me to expand and get more office space.

I am looking at joining office space with an accountant. I love changes and creating opportunities. I love challenges. The prospective location is Morley. I will keep you updated.

Oh yes, what about my golf. It sucks and it shines. I can break 90 and just break 100 in the same week.

My son Jaz has been keeping me on my toes. He has been admitted to Royal Perth Golf Club while my favorite golfing mates, Henry, Frank and I continue playing at public courses.

On the eve of my birthday, I arrived home with my wife after buying roast duck for dinner which was to be enjoyed by the family.

When I walked through the garage door, I received a surprise birthday party with all my close friends. It was such a great surprise and I nearly had a heart attack.

Annie had done such a great job hiding the surprise from me. Dinner was enjoyed with all my close friends including Auntie Ee and Mrs Tay. The Jongs, Bitaos, Lees; Ongs, Buis and Janet were all great company and I thank them for spending their time to spend my birthday with me. That's what good friends are for.

The next day, I brought the family out for a dinner at Mosman Bay Restaurant. It was a great location and the food was great except that these damned noveau cuisine do not really fill your stomach.

Kids were talking about having soup once we got home. These are growing boys.

There is nothing better than having a family dinner. I have made it a rule that all dinners are shared at the dining table instead of occasionally sitting in front of the TV to have our dinner. That rule has proven a great rule as it allows me to catch up with the boys.

Annie being kissed by a 50 year old man

Family photo outside Mosman Bay Restaurant

Family with Popo

Tyz and Jaz, the 2 princes

The next day proved another surprise as the staff of my office threw me another surprise party. It's great to work with all of them. We have all gone through some tough times but many good times together. Their presents were all golf related. Is it not easy to shop for me?


The staff of Tan and Tan throwing a 50s party for their boss.

One of the presents the staff gave to me for Christmas last year was a voucher for a portrait sitting with Viva Photography. As a celebration of my 50th birthday, my wife organised for the portrait sitting. It was fun and the family totally enjoyed it.

Here are the photos.

I just wonder why I was never asked to pose solo???? It was my birthday after all but the photographer only wanted solo photos of the boys and my wife!!!! I felt like I was a prop or supporting cast.

Until I blog again, life is what you make of it. In the words of Forrest Gump, life is a box of chocolate.

New website for probate and estate planning matters

2011-03-11T09:27:00.000-08:00

Dear Readers,

It has been a while since my last blog.

Val, a lawyer from my office has been working hard with me to create a new website focusing on probate and estate planning matters.

Yes it is true, there is nothing more definite than tax and death.

Well, the reason for estate planning is to ensure your wealth is distributed according to your wishes and with minimal tax.Have a look at www.affordablelaw.com.au

It is a website totally addressing estate planning matters.

Feel free to browse the site before making an appointment to see one of our lawyers to discuss your estate planning requirements.

Do you want to be a guarantor?

2010-09-02T08:29:00.001-07:00

Are you sure you want to sign that guarantee?

What is a Guarantee? What happens if you sign on that dotted line on behalf of your family or friends?

A guarantee is a contract whereby one person agrees with another to pay some debt or perform some act or duty owed by a third person. This third person remains however primarily liable for such payment or performance and the person giving the guarantee will only become liable on the default of the third party.

The parties to a guarantee contract are:

§ The Creditor: The person receiving the benefit of the guarantee is called the creditor. This is usually the bank, finance company, supplier or lender.

§ The Principal Debtor: The person who is borrowing the money or obtaining the benefit of the contract.

§ The Surety or Guarantor: The person who provides the guarantee is called the surety or the guarantor.

In order for a contract of guarantee to be enforceable, it must be in writing and signed by all the parties. For eg. If you are providing a loan to a friend "A", it is not sufficient for "B" the person who is going to guarantee the loan to say that he will guarantee the loan. It must be in writing.

What are your liabilities when you sign a contract of guarantee?

The extent and nature of the liabilities of a surety or guarantor will depend on the words of the contract of guarantee. Some guarantees are limited for a fixed amount. Some guarantees are for an unlimited amount. Whatever is alleged as being guaranteed, the court will interpret the contract of guarantee strictly and a surety will not be liable beyond the precise terms of his or her commitment.

An example : A surety's guarantee to find a replacement tenant for a shop at a specified rental and for a term of three years was satisfied by the surety finding a person who was willing to become a tenant on the prescribed terms. The surety is not held to guarantee the solvency of the replacement tenant or the conduct or performance of the replacement tenant.

Sometimes there may be two or more persons who enter into a contract of guarantee. The liabilities of the sureties or guarantors are in most cases joint and several. This means that when there is a default by the principal debtor, the creditor is free to take action either against one or both of the sureties.

An example : B, C & D guarantee to pay Z a sum of $100,000 in case X cannot pay Z. X defaults. Z sues B only because B has assets sufficient to meet the debt.

B cannot say that it is unfair and demand that Z sue all the guarantors as they should be jointly liable.

However after B has paid the sum of $100,000 to Z, B has the right to claim contributions from C & D in what ever proportions they have agreed upon.

What are your rights as a guarantor?

After the guaranteed debt has become due but before the surety or guarantor has been asked to pay for it, the surety or guarantor may require the creditor to call upon the principal debtor to pay off the debt.

At any time after the debt is due, the surety or guarantor may apply to the creditor and pay him off. Upon being provided with proper indemnity for costs, he may sue the principal debtor in the creditor's name or in his own name if he has obtained an assignment of the guaranteed debt.

As soon as the surety or guarantor has paid to the creditor what is due to the creditor under the contract of guarantee, he is entitled to "step into the shoes" of the creditor and avail himself to all the rights possessed by the creditor in respect of the debt, default or miscarriages to which the guarantee relates.

Thus upon payment, the surety or guarantor has a right to the benefit of all the securities which the creditor has received from the principal debtor.

For example: Where the guaranteed debt is secured by a mortgage executed by the principal debtor, the surety or guarantor is, on payment of the debt in full, entitled to a transfer of the mortgage.

The surety or guarantor has also rights, either express or implied against the principal debtor or his estate for indemnification. The right includes the ability to recoup the amount which the surety or guarantor has actually paid for the principal debtor together with interest. Should the surety or guarantor suffer damage beyond the principal and interest which he is compelled to pay under the contract of guarantee, he is also entitled to recover that damage as well.

Discharge of the Guarantee

Payment made by the principal debtor of the guaranteed debt will normally discharge the surety or guarantor.

Before signing a contract of guarantee

It is of utmost importance that you understand the legal consequences of acting as a guarantor. Before signing on the dotted line, it is advisable to consult a lawyer so that he can explain to you your rights and liabilities.

Common instances of the need to provide guarantee

(a) An incorporated proprietary limited company seeking a business overdraft facility or loan. The Bank providing the overdraft facility or loan will call upon the directors of the company to stand as sureties or guarantors.

(b) An incorporated proprietary limited company leasing office premises. The landlord will require the directors to stand as guarantors for the due performance of the terms of the lease.

(c) When a family member wishes to buy a property and has insufficient income. A person with an alternative source of income and who has assets may be requested to stand as a guarantor.

What to Do

Very often, you may receive a request to stand as a guarantor. The 1st thing to ask yourself is whether you really should do it. The answer depends on assessing the risk involved and the person you are going to guarantee. If in doubt, the best course is to decline to be a guarantor. In the event that you cannot decline, then the next best thing is to try to limit the guarantee. Whatever it is, you should seek legal advice. Tan and Tan Lawyers will be pleased to advise you if the need arises.

Some Examples of clients we have helped when we give guarantee advice

We are often asked by clients to provide a certificate of independent advice as a requirement from the banks before they will lend the borrower moneys. We are often surprised at how the brokers who have arranged the loans never protected the borrower as much as possible.

For example:

You have your principal home which is valued at $600,000 with a mortgage of $100,000 only. You then decide to buy an investment property for $400,000 and wish to borrow $400,000 from the bank to buy the investment property. You approach the broker and he smiles and says, yes , the loan can be done. Just give the Bank a mortgage over the investment property and your family home to get a loan of $400,000.

What the broker should do is to:

1. Ask the bank to let you draw out a further loan of $80,000 from your home which only has a mortgage of $100,000 currently. By getting a further loan of $80,000, you now have a loan of $180,000 secured on your home.

2. You then use the $80,000 as a deposit for the purchase of the investment property. You tell the bank to take a mortgage over the investment property ALONE. So you have an investment property worth $400,000 with a mortgage of $320,000 or a 20% down payment for the investment property.

3. Now what happens if you default on the investment property loan as a result of not finding a tenant? Well, the bank takes possession of the investment property if you default. As the investment property is secured by a mortgage over ONLY the investment property, they can only take the investment property away.

Compare this to where the broker has asked you to give the bank your home and the investment property as security. The first thing the banks will do if there is a default is to take your home. That is because there is more equity in your home then the investment property.

This is especially crucial if for example you are a parent and your child asks you to use your home as a security for them to buy their 1^st home. If you have enough equity in your home, you should take a further loan on your home. You then use the moneys to lend it to your child so that they can use the moneys as a deposit for their 1^st home.

To go even further, you then get your child to give you a second mortgage over their 1^st home. By doing that, you secure your loan to them against creditors and also protect your loan against your child’s spouse if there is a relationship breakup.

See how crucial it is to get good advice? Do feel free to make an appointment with Raymond Tan of Tan and Tan Lawyers before you sign that loan and guarantee document. Do it as soon as possible. It is often difficult for us to assist if the loan documents have all been processed and settlement is urgent.

To Cut A Long Story Short

We were asked by the son of a client to witness a guarantee to the bank for a loan for the son to purchase a property. The banks usually require a solicitor to provide independent legal advice before they will allow the loan to be drawn. The son had failed to fully inform his father that as part of the guarantee, the bank also wanted the father to include the father's property as security.

Upon being fully informed as to the contents of the guarantee, the father of course declined to stand as guarantor

Moral of the story: Make sure you know what you are signing. Those fine prints between the lines are fine prints which need to be carefully considered.

Tan and Tan Lawyers receive accreditation as a Quality Practice Standard law firm

2010-08-22T06:40:00.000-07:00

The Law Society of Western Australia’s Quality Practice Standard

As part of Tan and Tan Lawyer’s corporate aim of constantly evolving and improving, we have been awarded a Quality Practice Standard accreditation on 17 August 2010.

The Law Society of Western Australia developed the Quality Practice Standard to recognise WA Law firms that strive to provide superior service standards to their clients by implementing regulated internal procedures and practice to better protect and serve the interest of their clients.

Of a list of over 190 law firms that have applied, there are only 43 WA firms that have been accredited. Tan and Tan Lawyers have become the 44th law firm in Perth to be accredited. The accredited firms have all gone through a lengthy process of streamlining and implementing internal procedures to ensure their services remain at a consistent high standard.

We have also been honoured as one of only 2 law firms that receive accreditation on their first attempt.
The Quality Practice Standard exceeds the legal requirements of the State laws regarding the operation of law practices.

Tan and Tan Lawyers’ authorised use of the QPS Logo means that clients are assured that Tan and Tan Lawyers maintains a high standard of service.
The law firms which have been accredited are audited each year to ensure that they remain compliant with the standards.

If you need more information regarding the Quality Practice Standards, please visit http://www.lawsocietywa.asn.au

Your duty as a host of a party

2010-08-10T09:51:00.000-07:00

Dear Readers

I am pleased to present my latest and last article from the Perth Woman magazine.

My contract with the magazine has expired and I have decided to look for an alternative avenue for my writing release.

I am however very happy with the content of this last article which I believe is very close to the heart of my many readers.

The question is : What are my responsibility as a host of a party?

Yes, we all hold parties at some time or other. The office party, the bucks night, the hen's night etc. What happens if someone gets pissed and has an accident?

Well, the article from Perth Woman is essential reading and I hope it enlightens you as to your responsibilities.

Drink safe and enjoy yourself.

I survived the CEO SleepOut

2010-06-20T08:59:00.000-07:00

I survived the CEO Sleepout on 17 June 2010. It was held at the WACA.

I have to confess that I was quite worried that it would be difficult. The first thing I did was to borrow a good sleeping bag from Pierre Yang, a lawyer who works for me.

Getting ready for the night, I decided that I needed a good dinner before going to the WACA. At 5 pm, I had lamb shanks and a glass of red wine at a cafe in Hay St. It was a $50 meal but I felt fortified and ready for the night. I felt so guilty after the meal. Hunger is one of the major experience expected for the night.

At 7pm. I proceeded to the registration desk at the WACA.

Raymond Tan at the checkin at WACA

There were 99 CEOs registered for the night. We were given some soup and roll for the night. The evening then continued with speeches from some homeless persons who gave us an insight into their experiences.

We managed to do some net working while preparing for the night.

I got busy video taping interviews of some of the participating CEOs. It was great to see and talk to other CEOs who have the same interest in helping the homeless. I was especially touched by the life story of one of the CEOs who is now managing partner of a large accounting firm in Perth. Bryant revealed how he was also a homeless person in his youth.

His story outlined the fact that with hard work and determination, we can rise above poverty.

By 11 pm, everyone was looking for a place to sleep. I walked around the WACA 3 times looking for a good spot. I had to consider wind chill factor, lighting requirements, shelter if it rained etc.

The good spots had all been taken. I found a spot where it was basically a dingy storeroom without a door. It smelt musty.

It would have been a good spot if it was raining and really really cold as there was no fresh air in that space.

By that time, the temperature had dropped to 5 degrees. It was not as cold as I expected as the rain had come and gone. I thought I might risk the rain and sleep out in a spot that overlooked the WACA field. There was a tarpaulin above me which would cover me from the rain if it did rain again. I chose the spot as there was still enough light for me to read the book I had brought with me. The book is "How to make millions from the internet". Strange book I suppose for a homeless person to be reading.

I also liked the spot as I knew I could see the sun rise in the morning. I do not get to see the sun rise very often as I am a late sleeper and I thought this was as good a chance as any.

The cold was not as bad as I expected. I was still able to get to sleep from 12 am to 5 am. despite being uncomfortable and missing my soft bed.

The biggest difference between what the CEOs experienced and what a real homeless person experience was the knowledge that we were safe and secure in a place guarded by security guards.

In real life, the security guards would have moved us on instead of protecting us. We would also have been exposed to physical harm from being mugged even as a homeless person.

I got up at 5.30 am as it was getting much colder. I took a walk back to the meeting area where they were serving coffee and breakfast.

The coffee was a welcome relief and by that time my lamb shanks had been digested and I was grateful for the bacon and egg bun provided.

We were all allowed to leave at about 7 am after swapping stories about the night with the other CEOs.

All in all, it has been a great experience. I wished I had taken more photos but have to be content with the video log and interviews. It will take some time to prepare them for publishing.

On last count I have raised $6865 and am ranked no. 8 in a field of 98 WA CEOs. WA has raised nearly $400,000 with a massive donation of $113,000 from Andrew Forrest of FMG. Not a bad effort. Australia wide, there are 685 CEOs registered. Australia wide, a sum of $2.7 million has been raised to date.

Looking at the media reports, there have been many positive comments about how the event will raise awareness and much needed funds for the homeless.

As usual, there are negative comments from arm chair keyboard critics that this is just a publicity stunt for the CEOs.

I believe that the most important achievement for the event is the raising of awareness of the homeless situation in Perth. Having had to move homeless persons from private properties for my clients and myself, I am aware it is a real problem that has to be tackled by the government.

Hopefully, I have in a small way been able to help raise that awareness.

Personally I have learnt that one of the most important aspect of homelessness is the fact that everyone wants to ignore them. The respect we give the homeless by just talking to them and showing kindness will go a long way to help them. However, right now, raising funds for Vinnies to continue their good work is a priority.

You can still donate even though the event is finished.

I will definitely take part again next year and with more time to raise the funds, I am sure I can do better in the amounts raised.

The lesson learnt is to appreciate the roof over our heads and the soft bed we are lucky enough to have. Till I blog again, goodnight.

Update on my CEO Sleepout Fundraising

2010-06-10T10:32:00.000-07:00

Dear Readers

Yes, the momentum is gathering. I have raised $2600 in 3 days.

I am ranked 11 on the list of fund raisers compared to the other fund raisers who have had more time to raise funds.

I am very happy with the support and response received so far. More importantly, the messages of support shows that Perth people have a heart. A heart to help the homeless.

Please keep the donations coming as the homeless need all the help we can give.

Here is a picture of some of the fundraisers in their pyjamas.

I am thinking of going to the Kathmandu Shop to buy a $900 sleeping bag. Is that cheating??

Ahhh, the moral dilemma.

Will update soon.

I am sleeping rough on 16 June 2010 as part of the CEO Sleepout Event hosted by Vinnies

2010-06-06T07:41:00.000-07:00

Dear Readers

As you are aware if you have been following my blog, we have moved to Terrace Rd.

However, I am always reminded of my old office at Wellington St. It has an external toilet. One day, I found a homeless person sleeping there. He would come in after dark and leave the toilet in the morning when the staff arrived. He must have been sleeping there for over 2 weeks until I had no choice but to remove him.

It was emotionally difficult removing the homeless person. I felt much sadness that in this day and age, there are homeless people in Perth which is supposed to be one of the richest state in Australia.

According to The St Vincent de Paul Society website, there are 14,000 homeless people in WA alone.

The Global Financial Crisis has not helped. In my legal practice, I have personally acted for clients who have had their homes repossessed. As the greedy banks continue to raise interest rates, many families are facing real financial challenges.

It is a difficult topic.

I recently read a newspaper article about the St Vincent De Paul CEO Sleepout Event.

See:

http://www.ceosleepout.org.au/about.php
I decided immediately to take part.

The event involves CEO's of companies raising funds by spending a night at the WACA with a sleeping bag and some cardboard paper, rain or not.

Please see my profile below and donate if you wish to help me help the homeless.

http://www.ceosleepout.org.au/perth/ceoprofile.html?ceo=820&

I look forward to updating my readers on the event.

The event is on Thursday, 17 June 2010 and I am starting late. I have 10 days to raise as much funds as possible for the homeless. Please help me and the Vinnies.

Leaving the old office for a new start !

2010-06-03T08:47:00.000-07:00

Yes, we did it today. 4th June 2010 was the move from Wellington St to Terrace Rd East Perth.My Feng Shui master, Kieran Ohara advised me that I am to start operations at the new office on 5th June 2010 which is an auspicious day.So, the whole office staff was mobilised to shift everything within a day and to get ready for business tomorrow.It was sad to see the Wellington St office being emptied. It has served Tan and Tan Lawyers well. We have more than doubled the staff during the 7 years we were there. Systems have been improved, staff morale is high and we have a great working team.

We have had lots of staff lunches in the board room. This is a picture of the last board room lunch on 3 June 2010.

Here's a picture of my wife ("Annie") and I outside the Wellington St office after everything was moved out.

Annie was managing the real estate and settlement business at the rented office next to Tan and Tan Lawyers at Wellington St. It just became too small for the operations. Hence the decision to move to Terrace Rd.It has been a long and torturous road before our final move today.

Negotiations for the purchase of the Terrace Rd office began in Sept 2009. The renovations started in April 2010 and is actually not fully complete yet. A good friend of mine Irwan Lee from Interarch homes did the design and fit out.

The reception desk and some wall panelling has yet to be completed. My conference table which was being repolished got scratched while being delivered yesterday. It will only be returned next week.

Such are the joys and frustration of change. Despite all the hurdles, this is a change for the better and I hope to be able to further improve on the level of legal services provided to our clients.The high tech toilet should be fitted out tomorrow and will be a real treat to use.Here are pictures of the staff and removalist enjoying a lunch break at the park infront of the office today.

Tomorrow is day one at the Terrace Rd office.
See you there.

Unfair Dismissal at Cocos Island paradise

2010-05-23T09:05:00.000-07:00

Dear Readers If you have been to the Cocos Keeling Islands, you will know what an amazing place it is. I was on the Island for an unfair dismissal case last Tuesday. I acted for the Cocos Island Co-operative Society ("Co-op") and was instructed by an old friend Ron Grant who is the Co-op's manager. The Co-op is wholly owned by the local residents of the Cocos Island Malay population. The Co-op owns and operates the majority of businesses on the island including the supermarket, the cafeteria, the stevedoring etc. One of the Co-op's employees was sacked after a long history of problems. The Co-op sacked the employee and the employee sued for unfair dismissal. The laws currently on unfair dismissal is governed by the Fair Works Act.

The particular section of the Act is:

385 What is an unfair dismissal

A person has been unfairly dismissed if FWA is satisfied that:

(a) the person has been dismissed; and

(b) the dismissal was harsh, unjust or unreasonable; and

(d) the dismissal was not a case of genuine redundancy.

Note: For the definition of consistent with the Small Business Fair Dismissal Code: see section 388.

387 Criteria for considering harshness etc.

In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, FWA must take into account:

(a) whether there was a valid reason for the dismissal related to the person’s capacity or conduct (including its effect on the safety and welfare of other employees); and

(b) whether the person was notified of that reason; and

(c) whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person; and

(d) any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal; and

(e) if the dismissal related to unsatisfactory performance by the person—whether the person had been warned about that unsatisfactory performance before the dismissal; and

(f) the degree to which the size of the employer’s enterprise would be likely to impact on the procedures followed in effecting the dismissal; and

(g) the degree to which the absence of dedicated human resource management specialists or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal; and

(h) any other matters that FWA considers relevant.

Therefore my advice is that any employer who wishes to terminate an employee need to make sure that proper warning is given before termination. An oppurtunity to improve should also be given. Written warnings should be given as much as possible.

Once I landed on the island, it became a case of getting my witness statements in order. I finally managed to get them done after chasing up the witnesses for 2 days.

The trial started on Friday and the first thing the Arbitrator, Deputy President McCarthy did was to get the parties to mediate. We spent 3 hrs before being able to settle the matter out of court. It was a shame in a way as I was geared up to tear into the sacked employee to show he had deserved the sacking. Be that as it may, it is always better to settle a matter out of court as it gives finality so that no appeals are made.

An interesting aspect of the Fair Works Act is the issue of cost.

A person involved in an unfair dismissal case before Fair Work Australia must meet their own costs. Fair Work Australia may order a person to bear some or all of the costs of another person if the unfair dismissal application or response to it:

was frivolous, vexatious or made without reasonable cause
had no reasonable prospect of success.

In certain circumstances, Fair Work Australia may also make a costs order against a lawyer or paid agent representing a party in an unfair dismissal case. The circumstances mentioned are where a party pursues a case when there is no chance of winning just to put pressure on the employer etc. Well, I finished the case and there was some spare time before my flight back to Perth. There is a golf club on the island. I joined the members for a game and it was a refreshing change from the staid rules of most golf clubs. Here, the players were able to play with sandals or barefoot. The idea was to get out there and enjoy yourself. The game was based on best 4 balls and I was glad to assist my team to win with several good chips. Here are some photos of the members and the club which includes a few holes that runs across or along the airport runway.

Other than golf, I also managed to squeeze in some fishing. I managed to get a tuna and 2 barracudas. The tuna I had for lunch. However the barracuda was either thrown back to the sea or used as bait. The Cocos Malays are so spoilt for fresh sea food that barracudas are not good enough for the dinner table.

Pak Ayub my guide also caught a shark. That again was thrown back as it was deemed not good enough for the table. I would like to thank Pak Ayub and Ossi for a great time.

I would also like to thank Ron and Marias for looking after me during the trip. It was also great to have caught up with Gordon Thomson, a well known Christmas Island Union activist and Alan Medous who is one of the leaders of the Malay community on the Island.

Till I blog again, take care.

Being in Practice for 20 years

2010-03-25T09:51:00.000-07:00

Hey, you feel it when you are getting old. Just turned 49 a few days ago.

Also realised that on 3 March 2010 I have been practising for over 20 years.

That is a long time in dog years.

Pierre, a lawyer in my practice ( I am his mentor) bought me and the rest of the staff a cake to celebrate. Nice touch.

So, do I feel like an old dog when it comes to the law. Happily, no. Each day of my practice brings me a new challenge. I am always amazed at the myriad of problems my clients face and how I try to solve them. The practice of law is always interesting when you like to help people. I guess that has always been the reason why I love the law. I am always solving problems for my clients.

So other than having 2 great kids and a beautiful and loving wife, what else can I be grateful for?

Lots.

I am grateful for :

(a) great staff that enjoy working at Tan and Tan Lawyers

(b) clients that appreciate the work we do

(c) enjoying my work every day

(d) the ability to play golf every Thursday.

By the way, Tan and Tan Lawyers are moving to 6/78 Terrace Rd, East Perth as soon as my builder finishes the fit out.

I am going to be very proud of the new office and look forward to welcoming you all to the new office.

Till I blog again, have a good night.

Podcasting news

2010-02-21T05:49:00.000-08:00

Dear Readers,

Recently I was interviewed by the owners of MultiMediaInstitute.com. They were interested in how I have used podcasting as a medium for advertising. The MultiMediaInstitute.com specialises in the use of different media for marketing. Podcasting is one media area that has grown substantially in Australia.

I have been podcasting for a few months and always enjoy recording legal issues for my listeners.

Please view the video at your leisure

http://www.youtube.com/watch?v=hgeV82uQStY&feature=player_embedded

Reducing your tax with a Self Managed Superfund and Property purchase.

2010-02-15T07:27:00.000-08:00

Dear Readers

Welcome to the first blog of the year 2010.

Last year was an eventful one with lots of changes at Tan and Tan Lawyers.

I was able to set up a self managed super fund for investment purposes. This was achieved with the help of my financial planner, Paula Garnham, my accountants and my business mentor.

Paula was instrumental in helping me to set up the fund and eventually selling my current office to the self managed super fund.

The sweetest deal was the fact that I paid $20 nominal stamp duty to transfer my office from my name to my self managed super fund.

I have used the proceeds of sale to now purchase a new office at Terrace Rd, Perth.

The Terrace Rd property is now in the process of renovations and I am all excited about the eventual move.

I would like to invite my readers to listen to the podcast I made with Paula regarding self managed super funds.

Please visit :

http://www.tanandtanlawyers.com/tan/podcast/Perth_Asian_Lawyer_Podcast_-_Ep7_SuperFund%282%29.mp3

I am sure you will find the podcast interesting and it will definitely save you some tax dollars.

It is also the Chinese New Year today and for the next 12 days.

We managed to get the Lion Dancers at the current office as our usual custom.

The Lion at the current office picking up the lucky lettuce and angpow.

The three lions prancing outside the new office at Terrace Rd, Perth.

Christmas and New Year Greetings 2009

2009-12-21T10:09:00.000-08:00

To all my readers, clients and friends:

I wish you all a Merry Christmas and a fabulous New year.

2009 has been a trying year for some.

It has been a good year for Tan and Tan Lawyers as we have done all we can to weather the unspoken recession.

2010 promises to be a better year.

Do take care and wish and work for the best

E-Commerce and you

2009-11-08T07:52:00.000-08:00

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

2009-09-24T23:32:00.000-07:00

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

2009-08-11T07:54:00.000-07:00

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

2009-05-29T09:49:00.000-07:00

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

2009-04-22T09:54:00.000-07:00

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

2009-03-10T08:42:00.000-07:00

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

2009-02-21T03:40:00.000-08:00

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.

2009-02-08T06:18:00.000-08:00

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

2009-01-19T03:22:00.000-08:00

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

2008-11-25T06:57:00.000-08:00

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?

2008-09-10T07:30:00.000-07:00

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

2008-08-20T09:38:00.000-07:00

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.

2008-07-23T10:39:00.001-07:00

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

2008-07-23T09:54:00.000-07:00

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

2008-06-03T10:46:00.000-07:00

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

2008-05-15T11:36:00.000-07:00

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

2008-04-27T09:20:00.000-07:00

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

2008-04-01T09:14:00.000-07:00

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

2008-03-30T07:20:00.000-07:00

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

2008-03-11T09:32:00.000-07:00

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

2008-02-26T08:05:00.000-08:00

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

2008-02-17T06:22:00.000-08:00

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

2008-02-08T04:12:00.000-08:00

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

2008-02-02T08:55:00.001-08:00

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

2008-01-29T07:29:00.000-08:00

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.

Negotiation skills

2008-01-28T07:54:00.000-08:00

Part of the skills required of a lawyer is the art of negotiation.

I still remember my time as a street kid living in Singapore. Coming from a family of 10, Lawrence ( my other brother who was a year older than me) and I used to play in the streets of Tiong Bahru in Singapore. Mum did not have much time for supervision and we were left to our own devices as long as we got back by dinnertime.

Tiong Bahru is a suburb in Singapore which is quite notorious as being the playground of gangsters.

Lawrence and I used to hang around a store that had bulk bananas delivered from Malaysia. We would help the labourers unload the branches of bananas. As payment, we would get the left over bananas to bring home.

Lawrence and I used to set up stall in the Tiong Bahru markets as hawkers to sell the bananas for spare cash. It was not a lot of money , but it did teach me the art of negotiation. Selling bananas without a proper stall is of course called "hawking" which was technically an offence.

The authorities had "Environmental officers" who were there to make sure there were no hawkers in the market. It was like playing cat and mouse. Every time, there was an officer, all the hawkers would make a run for it. Great fun when we were kids. But not something I recommend as it is not strictly legal. We were minors, and reckless. I knew nothing of the law then.

So what is the art of negotiation. I suppose the main lesson is that "If you do not ask , you will never receive".

Negotiating is like playing poker. You do not know what the other side is ready to accept.

It is of course easiest if you are unemotional. They say emotion is an irrational master.

My ten rules for negotiating:

1. Be unemotional. If you are going to be emotional, get someone else to negotiate for you.
2. Always know your bottom line before hand.
3. Try to find out as much as possible what weaknesses the other party has. Do they have to sell? Are they time poor?
4. Do your research first regarding the value of anything you are negotiating on.
5. Do not be afraid to walk away from the deal.
6. Know who the main actor is. There is no point in negotiating with someone who is not making the decisions.
7. Be creative with the way the deal will work. Think of all permutations that can work for all parties. In fact, write down all the permutations first before negotiating.
8. Avoid negotiating where there is stress on time or anger issues.
9. Ask questions of the other party as by asking questions, you get to know what the other party want. If you can give it to them, the deal can be closed.
10. The most important part: Never be embarrassed to make the final "ask". If you ask if they will settle on your final position, the worse that can happen is that the other party says no. But if you do not ask, you do not know.

Negotiating is something that we have to do all our lives. We negotiate with our spouses, our kids, our bosses or workers.

Everything is negotiable.

So, the more we learn the art of negotiation, the better we become. Good luck.

2008-01-27T19:43:00.001-08:00

Australian Day Weekend and Australian Open Tennis

2008-01-27T05:13:00.000-08:00

What a great Australia Day. The weather was perfect.

Did not manage to see the fireworks but enjoyed the day anyway.

Kids have gone crazy about tennis and have been forcing me up early so they can play.

Their holidays are nearly over and I must say I am glad. It's not easy entertaining kids nowadays.

I can feel my body cracking under the stress of keeping up with their sporting activities.

Have not spent any time thinking or working on the law during the last few days as I decided to really enjoy the long weekend.

Come Tuesday, I will need to buckle down on the office systems that I have been trying to finalise.

Running and managing a practice compared to just working as a lawyer are 2 totally different experience.

I enjoy the practice of law, in that we are able to help our clients. However, I enjoy more, the fruits of my hard work in running a legal practice.

At the end of the day, it is people management as far as staffing is concerned and the management of client's expectation.

Better enjoy the rest of my long week end. Promise to say abit of some of the interesting cases I have dealt with when I return.

Introduction to blogging

2008-01-22T08:54:00.000-08:00

Hi, To all potential readers, this is my first night as a blogger.

I hope my thoughts are of some value to anyone who may be interested in the law.

For those who are even remotely interested in who I am, they can check out www.tanandtanlawyers.com

I have been a lawyer for over 20 years and I believe I may have something to share with any one interested in the law.

I hail from Singapore and have lived in Perth for over 20 years. I have 2 boys aged 9 and 11.

My wife is from Malaysia.

She runs my settlement division of the law firm and has been a rock in all my business dealings.

My 2 boys fight constantly and as any frustrated parent, I spend time punishing both but without showing favoritism to either. One is a black belt tae kwon do and the other about to become a black belt too in 3 mths. So I know I have to tread carefully:)

I have operated my website with a free email legal advice service for over 8 yrs. That is my way of giving back to the community.

If you have any legal questions, feel free to email me and I will try and respond with my thoughts.

My idea for the blog is to include interesting cases that I may be working on without breaching confidentiality.

It may hopefully show what an average lawyer's life is like to anyone interested in the law.

I also hope to de-mystify the law for any one who reads my blog.

So until my next thoughts are put on the web, good night.