Maclarens Lawyers in Merrylands, New South Wales, Australia | Business service

Maclarens Lawyers

Locality: Merrylands, New South Wales, Australia

Phone: +61 2 9682 3777

Address: 232 Merrylands Road 2160 Merrylands, NSW, Australia

Website: http://www.maclarens.com.au

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25.01.2022 Did you know that you cannot be arrested for the purpose of being questioned. A police officer may ask you questions or even request that you accompany them to a police station for questioning but you are not obliged to comply with such a request if you have not been arrested for an offence. Once you have been arrested, a police officer is entitled to ask you questions. You have a right to say nothing and you have a right to silence. However, where your arrest arises out of t...he use of a motor vehicle, you are required to give your name and address and particulars of the incident to police and failure to do so is an offence. Prior to asking you questions, police should provide you with a caution the effect of which is to say that you are not required to answer questions put to you but any answers you give may be used in evidence against you. You should give police your name, address and date of birth but not answer questions unless you have a solicitor present. You have a right to have a lawyer present to advise you while being questioned. You should not sign any document (except for a bail form) including any statement or record of interview. If you are arrested or need and help with a charge, call Maclarens Lawyers.

25.01.2022 The new sunset date laws for off-the-plan residential purchases are back before the courts again. See what happens when a developer tries to immediately rescind the contract without approval of the purchaser nor the Supreme Court.

24.01.2022 Did you know that a director is not just a person appointed to that role and registered with the Australian Securities and Investments Commission. Under the Corporations Act 2001 (Corporations Act), a person may also be a director if they are not formally appointed but act in that role, or if the directors of the company act in accordance with their instructions or wishes. Whether you are a director or secretary by appointment or by conduct, you are required to ensure complia...nce with general and specific laws applying to your companys operations. Your primary duty is to the shareholders however, if your company is insolvent, or there is a real risk of insolvency, your duties expand to include creditors (including employees with outstanding entitlements). General duties imposed by the Corporations Act on directors and officers of companies include: the duty to exercise your powers and duties with the care and diligence that a reasonable person would have, which includes taking steps to ensure you are properly informed about the financial position of the company and ensuring the company doesnt trade if it is insolvent the duty to exercise your powers and duties in good faith in the best interests of the company and for a proper purpose the duty not to improperly use your position to gain an advantage for yourself or someone else, or to cause detriment to the company, and the duty not to improperly use information obtained through your position to gain an advantage for yourself or someone else, or to cause detriment to the company. As well as general directors duties, you also have a positive duty to prevent your company trading whilst insolvent. A company is insolvent if it is unable to pay all its debts when they are due. This means that before you incur a new debt you must consider whether you have reasonable grounds to suspect that the company is insolvent or will become insolvent as a result of incurring the debt. You need to make the necessary enquiries and be constantly aware of your companys financial position. Your company must also keep adequate financial records to correctly record and explain transactions and the companys financial position and performance. A failure of a director to take all reasonable steps to ensure a company fulfils this requirement contravenes the Corporations Act. For the purposes of an insolvent trading action against a director, a company will generally be presumed to have been insolvent throughout a period where it can be shown to have failed to keep adequate financial records. The take home message is that all directors appointed by appointment or conduct must make the necessary enquiries and take the necessary steps to ensure that both their general and specific duties are met.

22.01.2022 Congratulations Maclarens for becoming a finalist in the Holroyd Local Business Awards for the second year in a row.

21.01.2022 What to think about prior to your first Wills appointment with our Solicitors.... 1) Who will be your executor? 2) Would you like to appoint a second or third executor, in the event that the first executor for any reason is unwilling or unable to act on your behalf? 3) Who will you choose as your beneficiaries (including the amount of shares you wish to give away)?... 4) What will happen if one of my adult children dies before me leaving children? 5) Who will be your Testamentary Guardian in the event you die before your children under the age of 18 years old? And at what age do you wish your children should manage their money themselves once they get to a particular age? 6) What happens if my family all die at the same time in a tragic event? For professional legal advice regarding a will, please contact our Wills and Estates team.

20.01.2022 The Partners and Staff wish you the compliments of the season and advise that this office will close Friday, 22 December 2017 at 4:00 pm and re-open Tuesday, 2 January 2018 at 8:30 am.

20.01.2022 Protecting your interests because you put your trust in us.

19.01.2022 Most outstanding professional services in Holroyd for 2014! Congratulations to all the hard working, caring staff and thank you to all our customers. This award just makes us want to strive higher.

19.01.2022 The Supreme Court has provided a recent assessment on the law of misleading and deceptive conduct by a real estate agent, and how a buyer must establish a loss was caused by that conduct.

19.01.2022 Congratulations to our Christopher Paul Maley on your Papal Knighthood. Sydney Morning Herald page 52 today.

18.01.2022 Maclarens has a position open for a family law secretary with flexible work arrangements. See seek advertisement for more details and apply if you have what we are looking for! https://www.seek.com.au/job/38234851

18.01.2022 Most outstanding professional services in Holroyd for 2015! Belated congratulations to all our hard working and caring staff and a big thank you to all our clients. We are driven to strive higher and higher for you.

17.01.2022 Maclarens Lawyers can advise Small Business regarding terminating employment If your business has fewer than 15 staff (including any associated entities), your business is governed by the Small Business rules regarding terminating employment. Small Business must follow the Small Business fair dismissal code, where it seeks to dismiss an employee who has been employed for more than 12 months. If you comply with the code, the dismissal will be deemed to be fair. Generally, a di...smissed worker can make a claim against you in the Fair Work Commission if they believe their dismissal was "harsh, unjust or unreasonable". However, a worker cannot bring such a claim in the first 12 months of employment. You must have a "valid reason" to terminate employment based on the workers capacity to work or the requirements of your business. Notice of poor performance is essential if you are to avoid a claim for unfair dismissal. This should be done in writing as well as verbally. Further the employee should be afforded the opportunity to respond to the warning. If the workers position has become redundant because of changes to the workplace, you must comply with any award or enterprise agreement covering the workers employment. There may be requirements that you consult with the worker before making the worker redundant. You may also be required to consider whether you can redeploy the worker elsewhere in your business. If you fail to comply with these requirements, the worker may have 21 days to lodge a claim for unfair dismissal in the Fair Work Commission. Even if a worker terminates the employment, a worker may bring an unfair dismissal claim if he can prove the employers actions left the worker with no option but to resign. Such a claim is called a "constructive dismissal" claim. You can dismiss a worker without notice for "serious misconduct" which includes theft, violence and serious breaches of safety regulations. If you believe the worker may have committed a criminal offence such as theft or assault, you should report the incident to police. So long as you have reasonable grounds for believing the worker engaged in the serious misconduct, you may dismiss the worker even if the worker is not charged by police or convicted of any offence. Maclarens can provide you with advice on your rights and obligation. Contact us to discuss your circumstances further.

14.01.2022 Considering a strata title purchase? Generally, when you buy a lot in a strata plan, you buy the airspace within your lot which is shown on the strata plan. It may include a residential or commercial unit, a balcony, a garage or in some cases a storage unit. The physical building of which your lot is a part is owned by the Owners Corporation. The corporation owns not only the physical building but all communal spaces within the boundaries of the strata plan.... What is an Owners Corporation? The Owners Corporation is comprised of the collective of all owners of all lots. All unit owners voting as members of the Owners Corporation have the responsibility in making decisions to benefit the building and caring for the building entrances, stairways, paths etc. Owners Corporations usually elect an executive committee to make the day to day decisions regarding the governing of the strata plan. Usually, owners vote to elect the executive committee at each annual general meeting. Frequently, Owners Corporations appoint a Strata Manager, an external expert whose job is to assist the Owners Corporation and executive committee comply with the obligations contained in the Strata Schemes Management Act. An owners rights and responsibilities are set out in that Act. The Owners Corporation is required to comply with the Act and the regulations made under the Act. The strata plan is also governed by by-laws. By-laws bind all owners and occupiers of the lots in the strata plan including tenants. By-laws make rules regarding residents behaviour and an owner or occupiers rights to keep a pet is also generally, governed by by-laws. The Owners Corporation has the power to remove or change by-laws and create new ones. If you are the owner of a lot and you rent out your property, you must give your tenant a copy of the by-laws and make it a condition of the tenancy agreement that the tenant complies with the by-laws.

14.01.2022 Maclarens Lawyers can help you make your Will Maclarens Lawyers can: Make sure your Will is valid... Advise you about your rights and obligations regarding spouse and de facto partner, children and other dependents Advise you on tax planning, including the best way to minimise any potential capital gains tax form the gifts that you make in your Will Advise you about the role of your executor and help you choose an appropriate executor or trustee Advise you on what happens to your superannuation when your die When making a Will you should also seek advice relating to the making of a Power of Attorney and also the appointment of an Enduring Guardian. Unlike a Will, Powers of Attorney and Enduring Guardians have effect only during your lifetime and in the event that incapacity prevents you from managing your own financial affairs or properly looking after your health wellbeing and lifestyle. Maclarens Lawyers can advise you regarding the making of a Power of Attorney and also the appointment of an Enduring Guardian.

13.01.2022 Determining whether an individual has capacity to create a valid Will can sometimes be challenging (especially if they are quite elderly or unwell). However, Justice Cockburn in the famous case of Banks v Goodfellow (1870) LR 5 QB 549 set out a threshold test in order to determine whether a person has capacity to create a valid Will. This threshold test for capacity has been applied by Australian Courts ever since, and is outlined as below: 1. The person must be aware of the ...effect and nature of making a valid Will. 2. The person must be mindful and have some idea about the nature and size of their estate and what they intend to dispose of it once they die. 3. The person must be able to demonstrate who they want taken care of after they die and rank their beneficiaries in some particular order. 4. The person must not have any delusions which may affect their ability to create a valid Will. It is important that the testator has the capacity to comply with the above steps. However, the testator does not have to exercise these abilities when creating the Will. The onus is on the lawyer to determine whether a person has testamentary capacity by assessing the person and making the appropriate enquires in the initial meeting. Overall, if a person can satisfy the above criteria then there should be no problem for a person to update or create a valid Will. Capacity may not only be the issue, as knowledge and approval is also an important consideration. There may be questions raised in circumstances where the testator is known to have a failure in the mind and has had help by someone who takes a benefit from the Will. Come in and speak to one of our Wills and Estate Lawyers for more information or for assistance with your Will.

12.01.2022 When you buy a house at auction and you are the highest bidder and the agent accepts your offer by informing you the property is sold to you, you are required to immediately sign the contract for the bidded price and you will not have the benefit of a cooling off period which means that the contract is immediately binding on you. This means that you have entered into a binding contract to purchase the property. At the time of signing the contract, you are required to pay the ...agreed deposit which is normally 10% of the purchase price. The balance of the purchase price will be paid by you on completion which is normally 42 days after the date of the auction. Prior to making a bid for a property at an auction, you should: consult Maclarens Lawyers and provide them with a copy of the contract. We will then be able to advise you of any terms in the contract which might not be in your favour and prior to the auction, on your behalf we will negotiate with the vendors solicitor to change those unfavourable terms. obtain a building inspection report and pest inspection report prior to attending the auction if you are buying a residential dwelling. Normally it is too late to do this after purchasing at auction. (If you rely on borrowed funds to complete the purchase),make sure that you obtain written confirmation that your loan application is approved from your lender, (normally a bank) before attending the auction. If you cannot complete the purchase because the bank will not lend you the balance of the purchase monies, you will forfeit the deposit you have paid to the agent and in addition you may be liable to the vendor in damages. (If you are buying a residential unit in a strata plan) obtain a strata report. This should identify any existing problems with the building.

10.01.2022 Maclarens Lawyers are proud to be a member of the Merrylands Chamber of Commerce www.merrylandschamber.com.au who provide great support, networking, exposure and lobbying opportunities for its local business members.

10.01.2022 Are you properly prepared for your upcoming transaction?

10.01.2022 A possible change allowing strata to block Airbnb-style rentals may be on the way

09.01.2022 http://www.yellowpages.com.au//maclarens-lawyers-14747265- Visit our website on www.maclarens.com.au for more information on our services.

09.01.2022 Contact us for an obligation free consultation. Maclarens have the expertise, knowledge and experience to help you with all of your legal needs.

08.01.2022 From preparing the contract to negotiating the purchase or sale of a business, the team at Maclarens Lawyers can achieve the best possible outcome for you. If you are selling a business, we work with you to maximise the value of your operation and prepare the necessary information to facilitate the sale. We can draft contracts, estimate the value of intellectual property, check leases and value your capital/equipment. Our lawyers are expert negotiators, dedicated to achieving... the best financial outcome for you. When purchasing a business, your Maclarens lawyer can perform the necessary due diligence, assist with negotiations and review the contract as necessary, providing advice on a number of issues including profitability and compliance with various regulations. There are numerous implications and ramifications when buying or selling a business so minimise your risk and speak to one of our qualified commercial lawyers. For further information or if you need to talk with a Business Lawyer, contact us on 98974651.

08.01.2022 Maclarens will reopen at 8:30am on Monday 7th of January 2019. We wish you a Merry Christmas and a Happy New Year.

08.01.2022 Help say a big welcome and congratulations to Maclarens Lawyers for coming into the modern age! We are now on face book. Check out our website on www.maclarens.com.au

05.01.2022 Maclarens Lawyers is proud of the legal services it provides to many local charities, community organisations and clubs, frequently on a pro bono basis. Maclarens Lawyers was established in 1945 in Sydney, by Douglas Cameron Maclaren. He noticed many of his clients were travelling from the citys fast developing western suburbs. In 1950, Mr Maclaren relocated the firm to Merrylands. From 1950 to the present, Maclarens Lawyers have provided expert and high quality legal servic...es to its many individual and corporate clients from its office located in Merrylands. Go to our Home page or click www.maclarens.com.au to go to our Home page to view the comprehensive list of services we offer our individual and corporate clients.

04.01.2022 Most Outstanding Professional Services Award

04.01.2022 Congratulations Maclarens Lawyers - Winner of Holroyd Business Award for Outstanding Professional Services. And a fantastic awards night dinner.

03.01.2022 From all the Partners and staff at Maclarens, we would like to thank you for voting for us in the 2012 Local Business Awards. We are a finalist. We appreciate your loyalty, support and continued instructions.

03.01.2022 Maclarens seeks family lawyer to join our team. Work locally and with a terrific team. 1 year PAE. All applicants will be considered. http://m.seek.com.au/job/31003747

03.01.2022 http://www.parramattasun.com.au//holroyd-business-awards.a

02.01.2022 Congratulations to all staff for your hard work. We were not only a finalist but a winner of 2 awards! Well done. Thank you again to all clients and customers who voted for us, and if you didnt, thats ok. Try our service this year and Im sure you will vote for us next year!