Parents lending money to kids? Loan or gift? The difference matters

Many parents help their children with money to buy a home or get ahead in life. But what happens if the relationship breaks down later on?

Recently, I was asked about a case where money from the “Bank of Mum & Dad” was not protected and the court had little choice but to treat it as something other than a genuine loan.

In this short video, I explain: 
• Why informal family loans can fail in court
• The simple steps that make it clear the money is a loan, not a gift
• How to protect the assets you’ve worked hard to build

It’s quick, practical, and something every parent considering helping their children financially should know.

A few simple steps today could protect a significant amount of your wealth tomorrow.

⚠️ Are Your Terms & Conditions Actually Protecting You?

Quick question…

If someone placed an order with you today, are you 100% confident your terms and conditions would hold up?

In this short 2-minute video, we cover:
✔️ Why outdated terms could leave you exposed
✔️ The common mistake that can void your protection
✔️ Unfair contract terms that aren’t enforceable

It’s a quick watch and it could save you a serious headache down the track.

👉 Click here to watch the short video. 
It’s a quick watch and it could save you a serious headache down the track.

If you or someone you know would like us to review your terms, we’re always happy to help. 

Working with you

Ross Millen & The Millens Team

Your Deal Might Not Be A Deal Yet.

You’ve signed the agreement. Everything looks set.

But what if the deal isn’t actually binding yet? ⚠️

There’s one clause that can quietly put the entire transaction on hold – and many people don’t realize it’s there until it becomes a problem. 

In this short video, I explain what to watch for before you assume the deal is done.

Know someone working through a sale, purchase, or contract right now? Share this with them — it could save a deal. 🔗

Is this missing from your will?

Most people have never heard of a testamentary trust — but it can make a huge difference to your estate planning.

In this short video, Ross and Joe explain:
💡 How it works
💰 Why it can offer major tax benefits
🛡️ How it can protect beneficiaries

If you have a will (or plan to), this is well worth 2 minutes of your time.

If your business is dealing with late-paying debtors, there’s a legal mechanism that can prompt action fast — and most people don’t realise they can use it. ⚡

In this short video, Joe explains a simple step that can give debtors just 21 days to respond… and why it’s so effective. ⏳

If you’re struggling with getting debtors to pay or know somebody else in this situation please get in touch or share this with them. 📩

When your lease is ending, timing is everything. ⚖️

Miss the six-month window, and your tenant might legally stay longer than you planned. 

In this video I reveal the Section 64 rule that catches many landlords out — and how to avoid it.

⚡ Watch the video here ⚡

Know another landlord or property manager who’d find this useful? 📩

Share this video with them — it could save them from a major lease headache. 

If you’ve ever lent money to your own company — to help with cash flow or get things off the ground — you’ll want to watch this.

There’s a simple step many directors miss that could leave their money completely unprotected if things go wrong.

In this video I explain what you should be doing to make sure your loan is safe.

🎥 Watch the short video here:

Do you have companies sitting idle, costing you $400+ a year in ASIC fees and unnecessary accounting fees?

There’s a simple, fast way to deregister them — no liquidator, no fuss.

Watch Ross explain how in 2 minutes.

We’re excited to introduce Joe Sweeney, the newest member of the Millens Lawyers team.

In this short video, you’ll get to know Joe Sweeney a little better — including:
💡 The surprising skill that most clients don’t expect
💬 What he might have been if not a lawyer
🤝 Why understanding people is at the heart of how he works

Joe brings a thoughtful, people-first approach to helping clients — and we are looking forward to introducing him in person.

Imagine thinking you have the right to buy a property—only to discover later you actually don’t. It’s a common misunderstanding we see all the time.

In this short video, Ross Millen explains the crucial difference between an “Option to Purchase” and a “Right of First Refusal”—and why getting it wrong could cost you dearly.

If you’re negotiating property, shares, or any kind of asset deal, you’ll want to be clear on this distinction. The good news is, we can draft and review your agreements to make sure your rights are properly protected.
 
Know a family member, friend or colleague who may find this video useful? Please share.

Need advice, contact Ross Millen 

In the last few weeks, we’ve seen a worrying trend: buyers relying on verbal promises from agents or vendors — only to discover those promises don’t count when it matters most.

The truth is, if it’s not written into your contract, it doesn’t exist. And that can cost you dearly.

Watch this short video to understand why verbal assurances aren’t enough, and the critical step you should always take before signing any contract.

Most people think a will is all they need for estate planning. The truth? A will only works when you’re gone.
What about if you have a stroke or lose capacity? Who makes your financial, personal, or medical decisions? What about your superannuation, trusts, or company shares?
Estate planning is more than just a will—it’s a complete strategy to protect you and your loved ones.
 Watch this short video to discover the critical documents most people forget… and why leaving them out could cost your family dearly.

When your tenant is behind on rent, every day counts.
But here’s the catch: one wrong move when accepting a partial payment can wipe out your legal advantage and force you to start the eviction process all over again.
We’ve seen it happen — and it’s expensive.
In this short video, we explain:

• The hidden risk of taking part payments after issuing a 14-day notice

• How to protect your rights while still securing funds

• The simple step that keeps your legal position airtight

Hi. Last time I was talking about some of the things to think about when you're buying a business. And of course one situation is where you don't actually buy the business as such, but you buy the company that operates the business. Now, a highly technical term here, when you buy a company, you get it warts and all. So that means that you get all the good stuff you wanted, but you might get some bad stuff as well. So it's very important, two things here. You've got to have really strong agreement with strong warranties where the vendor of all the shares in the company warrants that there aren't any undisclosed liabilities that are going to come out in the next couple of years or down the track that are going to affect you and create additional liabilities you weren't expecting. Now, those warranties can be very extensive, but what happens if there is a breach of the warranty and suddenly you're trying to recover money from the, or maybe a couple of years later.

So you can't really rely on those warranties as a catch all. What you've got to do is you've got to do very good due diligence. We've got a great due diligence checklist, but you've really got to check everything. Things could come up, such as insurance claims. Employees might say they haven't been properly paid. There could be injuries for people who bring their claims up to six years later. So you've got to make sure, yes, you've got great warranties, but you must have a very good due diligence. Now we can help you with that. Remember, if you're thinking of buying a new business by buying the shares in a company that owns the business, contact me, Ross Millen of Millen's. I'll be there to help you.

Hi. As we've now entered the new financial year, maybe you are thinking about what's your next step in your business development, and sometimes this can be buying another business or whether you're buying a business or buying a company. And what I wanted to talk to you about today is some of the things to look out for when buying a business. Now, obviously when you're buying a business, you have like a sale and purchase of business agreement, and some of the important things in that is to make sure you've identified all of the assets that you're going to buy. Now, basically the main thing is to make sure that all the assets of the business are transferred across, whether it's land leases, licenses, plant and equipment, employees, transferring employees to make sure all of these things come across to you, which you can own in your own existing or perhaps a new entity that you've set up.

So it's our job as your lawyers to make sure we identify all the assets and we go through the process of making sure they're all transferred across. So sometimes you have to watch out for extra duty payable if you're transferring land and plant and equipment together as one transaction. Sometimes you might want the land in one company and then lease it to your operational business. So these are some of the structuring things we can advise you about as well. And with employees, remember any transferring employees, you'll be taking on their accrued liability. So there's got to be an adjustment for that. And sometimes you might want all the employees, so you'll have to have a discussion with the seller about who's responsible for paying any redundancies and things like that. So if it all seems a bit daunting, don't worry. We've got a great checklist. We can help you. If you're thinking of buying a business in this new financial year, remember to contact me, Ross Millen at Millen's. I'm here to help.

With 30 June fast approaching, there’s one crucial document you can’t afford to ignore — your trust deed.

In this short video, I explain how even small oversights — like assuming your spouse is a beneficiary or failing to separate trustee and beneficiary roles — can lead to big headaches.

👉 [Watch now] — and find out how to avoid common traps before you lock in your trust distributions.

If you're unsure what your deed actually says (or what it means), send it our way. We're happy to help review it and keep you compliant and protected.

Don’t leave it to chance. EOFY waits for no one.

As we hit mid-June and the Melbourne chill sets in, it’s time to get warm on one hot topic: EOFY tax planning.

In our latest 2-minute video, we break down:
✅ The one thing you must do with your family trust before June 30
✅ How to manage unpaid invoices and reduce your tax
✅ A smart move to defer (or accelerate) capital gains

Watch the video here

Got questions or need help making smart decisions before June 30? We're here for you — reach out to me or the Millens team today.

What happens when your tenant exercises their option to renew — but you want to tweak the lease terms?

And what if your tenant wants to transfer their lease to someone new — are you stuck with the deal, or do you have options?

In this short video, Ross Millen walks you through two real-world leasing scenarios every landlord and property manager should understand.

You’ll learn:
✅ When you can’t change lease terms — even if it seems reasonable
✅ When you can renegotiate — and what protections to ask for
✅ How to make smart, risk-aware decisions for your commercial property

If you’ve got leasing questions, we’ve got answers. Retail or commercial — we’re here to help.

Recent changes to the Retail Leases Act mean both tenants and landlords could be caught out by outdated Section 28 notices.
If you're a tenant, you could delay locking in a new lease — or end up paying more than expected.
If you're a landlord, you could lose control over your rental income.

Watch my latest video to learn more.

At Millens, we make sure your leasing documents are fully compliant and your interests protected.
Got a question about exercising an option or issuing a notice? Contact us — we’re here to help.

You may have seen the recent announcement in the Federal Budget about banning restraint of trade clauses for employees earning under $175,000.

While this change won’t come into effect until at least 2027—and we’re yet to see the fine print—it raises important questions about how you protect your business interests.

In this short video, I break down what we know so far, what the courts typically enforce (and don’t), and how to ensure your agreements still stack up.

If you’ve got any questions about your current employee or business sale agreements, feel free to get in touch with me or anyone at Millens.