Millens in Balwyn, Victoria | Lawyer & law firm

Millens

Locality: Balwyn, Victoria

Phone: +61 3 9817 6530

Address: 62 Whitehorse Road 3103 Balwyn, VIC, Australia

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

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25.01.2022 Millens enjoys a 35 year association with the Palace Group as their legal advisers and is proud to acknowledge Palace's citation as a 2017-2018 WGEA Employer of Choice.

23.01.2022 Commercial Lease rent relief post 29 September 2020. If you have entered into rent relief under a commercial lease, in the absence of further agreement, this arrangement expired on 29 September 2020. New rent relief regulations (COVID-19 Omnibus (Emergency measures)(Commercial Leases and licences) Miscellaneous Amendments Regulations 2020 ) (New Regulations) are now in place and subject to meeting the new criteria, have extended the period of rent relief to 31 December 2020.... It is important to note that any previously agreed rent relief does not automatically extend to 31 December 2020 and the eligibility criteria has also changed. The New Regulations state that any applications for rent relief only apply to the period between the new request for rent relief and 31 December 2020. Therefore, if you are a tenant and need rent relief until 31 December 2020, you need to get your request in as soon as possible. The New Regulations have also changed the information that must be provided to a landlord. An application for rent relief under the New Regulations must contain additional information to that previously provided under the old regime. Any reduction in turnover must now relate to the premises not the whole of business which was the test for rent relief under the old regime. Rent relief under the New Regulations must be by way of at least 50% rent waiver and 50% rent deferral. Any deferred rent must be repaid by the tenant over the greater of 2 years or the balance of the remaining term. Whilst a landlord and tenant can agree to extend the earlier rent relief arrangement, please note that a landlord is not obliged to extend the earlier arrangement and may commence any new rent relief from the date that the request for rent relief (and all supporting information) is received by the landlord. If you are a tenant wanting to obtain rent relief or a landlord receiving applications for rent relief and would like further advice in relation to navigating the New Regulations, your rights and obligations, please contact Ross Millen, Keith Hanslow or Sally Lloyd.

23.01.2022 We are experiencing challenging times and like many similar businesses we are taking measures to ensure a safe working environment is maintained. While we have not been directly affected by the virus, we continue to monitor the situation closely in the interests of our clients and our staff. Therefore, over the next few weeks, for your safety and ours, our preference is that meetings be held via teleconference or video link software. If you have any queries or require any as...sistance to organise such a meeting or to download the required software / app please let us know. Of course, there will be times when face to face meetings with our clients are best. If this is the case, we will (subject to any government guidance) be happy to meet. Our telephone reception is currently operating as normal and our staff continue to be available by email and telephone whether they are working in or from outside our Office. We have always maintained a flexible approach to our daily operations and over the past 12 years have been delivering our services while many of our staff work remotely. As a result we are hoping that you will not notice any change to our service delivery and we are confident that the current situation will not affect the ongoing provision of our legal services to our clients. For those clients that have matters before the Court; we are liaising with the Courts to see what the impact the COVID-19 precautions are having on the Courts day to day activities. We will be in contact with you if you are affected by any directions issued by the Courts. Most importantly we hope you, your family, friends and work colleagues remain well and we trust you will stay safe during the current health emergency.

23.01.2022 WORKING FROM HOME ... CONFIDENTIALITY AND PRIVACY STILL MATTERS As businesses have been forced into Stage 4 lockdown protocols, ensuring client and customer confidentiality is of greater importance to business as your employees are working from many locations. Clients and customers still expect that their confidential information is kept confidential and any unauthorised disclosure of client information can be at best embarrassing and at worst expose you to legal action or ...investigation by the Office of Information Commissioner. Read more from Sally Lloyd

23.01.2022 Assisting Your Adult Children Financially in a Covid Environment Many parents will have adult children ask them for financial assistance. The following issues always need to be considered:... 1. Is it a loan or a gift? 2. How will it affect your future financial needs, assuming you will never see the money again? 3. Will it affect any government pension, as it will have to be declared? 4. Equality between all children or the perception thereof. 5. Provisions in your Will require considerations. 6. If it is a loan: a. Is interest to be charged; b. When to be repaid; c. Effect of a relationship split between your child and their partner; d. Any security required. 7. Irrespective, of whether a loan or a gift, always set it out in writing signed by all. Millens has assisted many families by providing understanding advice to this seemingly simple request, which is not easy from a legal perspective.

23.01.2022 SEVEN TIPS TO AVOID A LEGAL HANGOVER As the Christmas season is approaching many employers begin to consider holding a work Christmas function. At Millens we know the value of relationships at work and the desire of many workplaces to thank their staff by holding a Christmas function.... No one in the organisation wants to read in the press or worse in a court decision about the silly things that happened at the work Christmas function. When advising many clients in this area, Millens address SEVEN practical issues for all good workplaces to consider ensuring this does not happen in their organisation.

23.01.2022 A long time client of ours Grant Davidson Managing Director of Davidson Branding has compiled a list of 12 Strategies to Survive and Thrive during these uncertain times. https://millens-my.sharepoint.com//EXbyF4lIbqBDmc1PuwRTBlk

23.01.2022 Do your T&Cs comply with Australian Consumer Law? As from 8 June 2019, if your T&Cs do not contain the mandatory wording required by legislation, you may be in breach of Australian Consumer Laws (ACL). If your T&Cs are lacking, you could be on the receiving end of a fine and ACCC scrutiny. Prior to June 2019, you will need to check your T&Cs to ensure that they are compliant with ACL. Dont leave it too late otherwise you could expose yourself to a fine. We believe it prud...ent to be reviewing your T&Cs now. Millens has vast experience in reviewing T&Cs from an ACL perspective and would be happy to review your T&Cs. We can also look at your T&Cs generally to ensure that they are compliant and reflect the way in which you operate your business. If you would like Millens to review your T&Cs please call Sally Lloyd on 9817 6530 or Email [email protected]

22.01.2022 DIN Director Identification Numbers - Are you ready? The Federal Government has recently passed laws which will require every individual company director to obtain a lifetime Director Identification Number or DIN. Click on the link to see what is required and what you can do now to get ready for the new Scheme. ... Contact us if you have any queries or require any specific advice. https://millens-my.sharepoint.com//Eei7nMW87SJOkqTCJrH5Ozo

20.01.2022 Despite our office being closed during Stage 4 lockdown, we continue to provide Understanding Advice to our clients. We've adapted easily to take advantage of technology to effectively to take virtual meetings, facilitate the signing of Wills and Powers of Attorney and electronically sign documents securely. In some circumstances, we are able to carry out services calls to your home, outside of the 5km limit, subject to any further changes to the stage 4 restrictions. And i...f you're buying or selling a property we are well positioned to manage your conveyance via PEXA. We all look forward to the day when life returns to normal but in the meantime if we can assist you, please don't hesitate to contact us.

20.01.2022 Protect yourself from financial abuse As we age, we become more vulnerable to influence by others. Unfortunately, sometimes it is those closest to us that we should be most wary of. We are here to listen and can help. ... For further insights please see the attached. https://millens-my.sharepoint.com//EbS1ycLnvEJJrU7cNyIMbHg

20.01.2022 Did you know - Acts of insolvency may no longer automatically trigger a right to terminate. Do your terms and conditions say that an act of insolvency by the other party gives you an automatic right to terminate the contract? If so, as of 1 July 2018, trying to enforce this right may end up exposing you to paying damages to the other party. From 1 July 2018 you will no longer be allowed to include clauses within your contracts/terms and conditions that trigger automatic termi...nation in the event of insolvency. Rights to terminate for insolvency under existing agreements remain, however new, extended, renewed or novated agreements will need to comply with the new laws. Dont worry any rights to terminate for non-performance or non-payment are unaffected by these changes. Millens has extensive experience in drafting and reviewing sets of terms and conditions and standard contracts. Do your terms and standard forms need a legal review? Please contact us if you would like us to review and update your terms and conditions or standard contracts.

19.01.2022 Millens is excited to be supporting sport for girls and young women at Southern United WNPL Football Club

18.01.2022 Millens welcomes the federal governments recent announcement to fund measures to combat elder abuse. More work needs to be done to protect vulnerable people. Prevention is the key and thats why we have developed a fact sheet to help identify people at risk which includes steps you can take to avoid becoming a victim yourself. ... We are here to help. https://millens-my.sharepoint.com//EbS1ycLnvEJJrU7cNyIMbHg

17.01.2022 Are you a Social or Sporting Club Member? Being a member of a social or sporting club is supposed to be enjoyable.right? However this isnt always the case. Millens has seen an increase in the number of social and sporting clubs taking disciplinary action against its members, which deprives them of their passion, excludes them from socialising with club friends, damages their reputation and impacts them financially. ... Each club has its own set of rules and disciplinary process, which are often confusing and difficult to navigate. Millens has considerable experience in representing social and sporting club members during disciplinary investigations and hearings. If you find yourself facing a disciplinary process we will take the time to understand your situation and explain your rights and a pathway forward in a way you can understand. Please do not hesitate to contact Sally Lloyd of Millens.

15.01.2022 Considering buying a franchise? Are you thinking about buying a franchise? Here are some things you should think about. 1. What are you actually buying into? Are you buying a business or an income?... 2. Google the franchise and see if there have been any adverse complaints/ratings; 3. Will you have any freedom to make your own business decisions? 4. Understand who your competitors are are there similar types of businesses near you? 5. Speak to other franchise owners. The franchisor should provide you with some names of franchisees but these will be happy franchisees. Approach other franchise owners and see if you can get some honest answers about the franchise and the franchisor; 6. Go and visit some other franchised sites at various times of the day and see how busy they are; 7. Understand the terms of any lease. Most commercial leases in shopping centres are balanced in favour of the landlord; 8. Try and understand how the marketing fund will be used. Sometimes the terms of the marketing fund are so broad that they can be used by a franchisor to offset some of its administration costs rather than marketing your business; 9. Speak to staff you may need to be creative as to how you get information from them! 10. Are you restricted as to who you can purchase your products/supplies from? How do you guarantee the best rate? 11. Are you free to do your own advertising or run your own promotions? If you are thinking of buying a franchise and would like some practical advice, please contact Millens.

15.01.2022 Dealing with partner/director disputes. Are you falling out of love with your business partner/director? Do you feel that you are being pushed out of your business?... Ending a business relationship can be costly and as stressful as a divorce not to mention damaging to your business. Millens has advised many clients who are either trying to remove a director from their business or they are being shut out of their business. If you are in this situation you should obtain legal advice to ensure that your position is protected. You should also consider: 1. Whether you can continue to work with your partners/directors or whether the situation is such that you can no longer work together; 2. Understand what you want to achieve; 3. Whether urgent action needs to be taken to stop your partner/director being involved in the business; 4. Taking legal and accounting advice as to the impact of any departure of a partner/director or any steps to remove a partner/director; 5. Understand how any change will appear to your customers, bankers and suppliers; 6. The impact of any agreements signed by the partners/directors in relation to exit. If you are considering removing a director/partner or feel that you are being pushed out of your business, please call Millens on 9817 6530 or contact us by email [email protected]

13.01.2022 Estate Planning in isolation Dear valued clients and referrers, We hope you are all well in these difficult times.... We have received increased enquiries regarding estate planning matters, including Wills and Powers of Attorneys. This is expected in times like these. For the health and safety of everybody, we are restricting any face to face meetings. This however should not prevent you from attending to your affairs. Millens are well placed to address your estate planning needs in the current environment. We are accustomed to working remotely and continue to have access to all our files and documents electronically. We are also changing the way we work, including conducting client meetings online and using alternative options for the witnessing of documents. Where possible, we are preparing Wills and Powers of Attorney and facilitating the signing of these documents electronically or by other means, without the need for any face to face meeting. It has also always been our usual practice, where appropriate, to have clients complete a Will Instruction sheet to provide initial instructions. This can be completed and returned to us by email. If you have estate planning needs, we therefore encourage you to contact us to assist you. You can email directly to Angela Costin [email protected] or click on Send Email above.

13.01.2022 Company Vehicle Policy You may want to consider this document for use in your Business. Although we invite you to consider and use them they are general only and so if you have any specific issues or queries then you should contact Millens for specific legal advice.... https://www.dropbox.com/s/4/Company%20Vehicle%20Policy.pdf

12.01.2022 Why bother having a Will, Power of Attorney or getting estate planning advice? Many people have been telling you for years that you should have a Will, a Power of Attorney and get estate planning advice. Sure, some people should, but you probably dont need to. Heres some reasons why;... you dont have any income, assets, superannuation, life insurance or interest in a trust or company and couldnt care less about any future inheritance You have a great relationship with your parents and in-laws (who also get along well with each other) and never worry about who will make decisions for you or your children (in fact the thought of your parents or in-laws managing your money brings you a feeling of relief and comfort) If for some reason your estate is tied up, your parents will happily financially support your children You are confident in the approach your partner, parent or any close relative would take to your medical care in emergency situations You dont plan on travelling so you will always be around to sign any document Your relatives thrive on paperwork and would appreciate the additional work if you were to die without a Will or having your affairs in order (and the uncertainty will not bother them); Your loved ones would enjoy the experience of making an application to VCAT should you lose capacity without having a Power of Attorney Guessing passwords is an enjoyable hobby of those around you If you own a business with someone else, your business partner wont care who controls or owns your share of the business. They get along with everybody and want to have to consider their opinions Everyone knows everything about your finances and the one place where all your paperwork is neatly and safely kept You dont feel you need to tell your Superannuation trustee your wishes, they have an algorithm and uniform policies for that You dont plan to die soon If all else fails, you would be more than happy for lawyers and a judge to help And at the end of the day, if youre dead, who cares? Well, maybe you should. Dont leave a headache for others. For advice on Wills, Powers of Attorney and estate planning please contact Angela Costin: [email protected] or call the office 03 9817 6530

12.01.2022 Millens is delighted that an extremely large and complex commercial litigation in the Victorian Supreme Court was dismissed today to our client's satisfaction. After 5 years and 3 months, 40 parties, 14 law firms, 6 mediations, involvement of Senior Counsel and Junior Counsel, numerous Court appearances and volumes of documentation, we have received the Supreme Court's final Orders dismissing the proceedings with no orders as to costs. The litigation involved complex issues of the duties of Directors and their advisors. If you require any advice on Directors duties or corporate compliance contact Keith Hanslow or any other member of the Millens team.

12.01.2022 Health Engine exposed.dont be next You may have heard that Health Engine (online doctors appointment booking service) has been providing private medical information to third parties and this information has ended up at a well-known personal injuries firm. Many users of Health Engine were unaware that this was happening and are understandably outraged. How do you use the data that your business collects? Do you pass data onto third parties? If you answer yes to either of... these questions, have you obtained proper consent to use the data in this way? Are you transparent in your dealings with personal data? Millens has experience in advising clients on ways to manage data including handling the unwanted consequences of handling data a data breach. If you would you like advice in relation to your data handling please contact Millens.

12.01.2022 After assisting our client in a complex case involving an initial hearing in the Federal Court and an appeal to the Full Federal Court we are now in the High Court. At Millens, we're about understanding advice. Whatever your needs may be, we believe truly effective advice comes from a deep and complete understanding of your world.

08.01.2022 Cyber fraud it can happen to you No one is immune from cyber-criminals and their fake emails. There has been an increase in attempts to steal money by hackers masquerading as lawyers in fake emails. Below is a recent case in point.... The law firm acted for a purchaser of residential property. Their trust account details were provided in the initial engagement letter. During the matter the client began receiving emails purporting to be from the law firm, but which were actually from a hacker. The client was asked to deposit $75,000 into the firms trust account and helpfully the email included the bank account details. The client responded to the email querying whether the account details were correct as they were different from the details previously provided. The hacker confirmed the new details to be correct and the funds were transferred to the new account and immediately transferred off shore with the effect that the client lost the $75,000. What you can do Understand It can happen to you, so please be careful. Identify Do not accept email requests to pay funds to new bank accounts. Millens has had the same Office and Trust Accounts for over 10 years and these are unlikely to change any time soon. Carefully check the email address of the sender. Verify If in any doubt call the Millens Office on 9817 6530 to check authenticity. Use our standard Office number, not a number suggested in the suspicious email.

07.01.2022 OUR OFFICE MAY BE SHUT BUT IT'S BUSINESS AS USUAL AT MILLENS! During these unprecedented times we are all experiencing many challenges. Like many similar businesses, we have taken measures to ensure a safe working environment for staff and clients. However, due to the new Stage 4 restrictions our physical office will be closed from 5pm Wednesday 5 August 2020 until further notice.... We have always maintained a flexible approach to our daily operations and over the past 12 years have been delivering our services while many of our staff work remotely. Although our physical office will not be open its still business as usual at Millens. Our main telephone number will be diverted so we wont miss your call. All our staff continue to be available by email and mobile whilst working from home. We trust you will not notice any change to our service delivery and we are confident that the current situation will not affect the ongoing provision of our legal services to our clients. For those clients that have matters before the Courts; we continue to liaise with the Courts to see what impact the COVID-19 precautions are having on the Courts day to day activities. We will be in contact with you if you are affected by any directions issued by the Courts. Most importantly we hope you, your family, friends and work colleagues remain well and we trust you will stay safe during the current health emergency.

07.01.2022 Own your own business? In a partnership? Have a family company? Heres some reasons why you probably dont need to worry about succession planning. You are too busy to die or lose capacity and therefore wont do either; You trust your family and those you work with; Your loved ones are fast learners and would enjoy the challenge of running a business they know nothing about;... Your business partners get on well your family and would adore spending time educating them about the business (and being reliant upon their business skills and judgment); You dont need a relationship agreement with your business partner or any formal business structure, they will always do the right thing by your family and will happily share the profits many years after your death (or during long bouts of illness) even if they are not legally required to; Similarly, you and your family dont mind if ownership of your business and all profits end up with your business partner and their family. They deserve it more because they work harder than you; If you have a family business, everyone knows their role and entitlements and there will be no disputes; It is best if your executor or attorney (whoever they may be) decide who should take over and run your business; You have every conceivable insurance policy with an understanding insurer (who will pay up without question no matter the circumstances) and have carefully completed beneficiary nomination forms (or dont care who gets the money); Surely no one expects a sick or dead person to pay their business debts or honour personal guarantees? Your customers will pay you even if you are unable to do the work; You have no vision for the future of your business and therefore it doesnt matter if nothing is achieved and it is wound up; Your business and taxation affairs are unquestionably in order and there will be no headache left for others; You are not phased if lawyers and accountants need to get involved, we all need to do our bit to stimulate the economy, its good for business! If you have any questions or would like to discuss your options please contact Angela Costin. You can also visit our website: Millens.com.au

07.01.2022 Millens loves working with entrepreneurs and start-ups. We have been very privileged to recently work with entrepreneur Evangeline and help her bring her laundry on demand app to market. Lodeapp allows you to outsource your washing and ironing and is available 1 March 2019. Please go to LODE www.lodeapp.com for more information. If you are thinking about starting up a business or have ideas which you would like to convert into a business, please call us on 98176530. ... Millens has experience in advising start ups and entrepreneurs and would be delighted to work with you to get your business up and running.

06.01.2022 At Millens, we're about understanding advice. The Millens team is united by a shared commitment to deliver high-quality, personalised legal services and practical commercial and business advice to our clients. We take care in the detail, depth and efficacy of the advice that we give. We care for the impact that it has, both in the short and long term. We care for the relationships with our staff and clients. Its a philosophy that has lead to relationships spanning, years, de...cades and even generations. Millens provides a comprehensive range of services and delivers customised solutions to all the challenges your business faces in todays environment. Contact us today by email [email protected] or by calling the office on 03 9817 6530

06.01.2022 Insolvency reforms - useful or useless?

05.01.2022 WILLS AND ESTATE PLANNING DURING COVID-19 Millens are well placed to address your estate planning and business succession needs in the current environment. Recent legislative changes now allow us to witness the execution of Wills and Powers of Attorney electronically via video link, to avoid the need for face to face meetings.... If you have any queries regarding estate planning please contact Angela Costin of our office on 0438 025 888 or email [email protected].

04.01.2022 ANNOUNCEMENT - SALLY LLOYD NEW DIRECTOR AT MILLENS MILLENS is delighted to announce the appointment of our senior lawyer Sally Lloyd to the position of Director as from 1 July 2018. Sally joined the MILLENS team in 2016. Having originally qualified in Victoria, Sallys expertise has been built both in Australia and the United Kingdom. She initially established her own successful commercial practice in Melbourne before moving to England where she worked for internatio...nally recognised Clifford Chance and later for global blue-chip company Mercer (MMC). Sally is used to dynamic, fast-paced business environments where she provides focused and commercially useful advice and business guidance. Sally is a skilled drafter of commercial agreements and also has extensive litigation experience. She advises generally but specifically in the eBusiness space in relation to risk management, data exploitation, privacy and in developing business offerings and Apps in an online environment. Sally provides strategic advice to our clients not only on matters in todays environment, but also with an eye on mitigating their potential future issues. Sally can be contacted either on her mobile 0455 100 699 or via our Office 9817 6530 or by email [email protected] If you would like to know more about Sally or MILLENS in general please go to www.millens.com.au

04.01.2022 Driver's Agreement to Company Vehicle Policy You may want to consider this document for use in your Business. Although we invite you to consider and use them they are general only and so if you have any specific issues or queries then you should contact Millens for specific legal advice... https://www.dropbox.com/s/nvz1wo3tv/Driver%20Agreement.pdf

03.01.2022 Keith is presenting at the Synchron Professional Development days which they are currently holding Australia Wide.

03.01.2022 Did you knowconveyancing is being dragged kicking and screaming into the 21st century and by August 2019 paper based conveyancing will be a thing of the past. The transition to a digital system is already well under way with electronic transactions taking place daily. Millens is registered, willing and able to assist with all your e-conveyancing needs and weve got the paper stuff covered too! Contact Stephanie Warburton [email protected]

02.01.2022 Millens is always happy when we can assist our clients to add value to their businesses, even when it doesnt involve legal advice. Following our recent introductions, we are excited that two of our long-standing clients have been accepted to participate in Design2Thrive, which is a revolutionary Victorian Government initiative for Victorian SME and NFP organisations that are keen to drive sustainable, profitable growth. An interactive 12 month immersion in design-led thinking across strategy, culture, marketing and product design, Design2Thrive uses worlds best practice to educate and empower owners and senior managers to realise their vision, aspirations and successfully achieve their companys full potential. If you would like further information on this program please send us an email [email protected]

01.01.2022 Honey, theyve hijacked the company! What do we do? Have you recently found out that you have been removed as a director on ASIC records? Have your fellow directors changed information on ASICs records without your knowledge? Millens can help you. Millens has experience in rectifying incorrect information on ASICs records. ... Please call Ross Millen, Keith Hanslow or Sally Lloyd on 9817 6530 if you would like us to help you correct ASIC records. If you would like any additional information in relation to correcting ASICs records, please click on the link below for more information. https://millens-my.sharepoint.com//EYA63fggNv5Fh32k1AGqI2g

01.01.2022 Confidentiality breach is childs play. You may have recently read about the Melbourne student that was mistakenly provided with other students medical and highly sensitive information after working on her teachers laptop. This student did not deploy any fancy IT skills in order to get this information, rather, it was a syncing of devices and accounts that caused the problem. More often than not, mistaken disclosure of confidential information is easily done. Sending an em...ail and then finding out that it was addressed to the wrong person, documents being mistakenly included in a client communication, a well meaning facebook update or tweet. An action that can take seconds to do, can result in many hours or days of management time trying to undo the damage of inadvertent disclosure and sometimes it cannot be undone. Not to mention you may end up being sued, you lose the client or your reputation is damaged. Does your organisation have a process for handling inadvertent disclosure? Millens has worked with clients to design or review breach of confidentiality policies and would be happy to discuss with you some steps that can be taken to try and minimise inadvertent disclosure or what to do if there has been a breach of confidentiality. Please contact us if you would like some further information.

01.01.2022 Did you know that if your business is operating under a trading name you have to register the trading name as a business name before October 2018. After October 2018, you can only use your trading name if it is registered. You should be checking now to make sure your trading name is available to register.