Our skilled lawyers have well over 120 years’ of combined legal experience. We’ve seen most issues and problems that can occur and we have worked with our clients and their other professional advisors to produce practical and commercial solutions. Our lawyers have run major law firms, worked in-house and been on the Boards of various businesses. We are highly valued by our existing clients not only for our sound legal advice but also for our astute business acumen and strategic knowledge.

Using our broad experience and depth of knowledge Millens can identify the key areas of risk and reward for your business. We then recommend strategies and/or documents and contracts to manage those risks and maximise your rewards. We do all this with no-nonsense communication that can be understood and implemented – no 10 page letters without actually advising you what to do. One of our clients says: “Of all the money we spent this year the dollars spent with Millens gave us the best value.”

Experience shows us that there are very few “black and white” situations in life and the same goes for legal cases going to Court. Often we hear from new clients who have been assured by others that they have a strong winning case only to be told later that they need to settle on unfavourable terms because something changed. We never “over promise and under deliver.” We will give you a genuine assessment of your case. Telling you what you need to hear, not what you want to hear. Only then can you have a rational decision about whether the case is worth running and how much to spend. What is your risk / reward ratio!

In every dispute we carefully listen to you and learn about the issues and the people involved in the dispute. Sometimes there are other factors which we need to understand and discuss with you. Then, working with you, we develop a strategy on how to maximise the probability of a successful outcome. Sometimes signalling an early desire to settle is a clever idea but other times it may just encourage the other side to think your case is weak and that you are willing to take an unreasonably low offer to settle. Every situation is unique and has to be separately assessed to work out what is the best way to proceed. Our experience and knowledge of the law will guide you to give you the best chance of a commercial result at an understood cost.

Yes we do. We know that such families value their privacy so we cannot mention any names but we advise several families across 3 generations. Whether it’s advising on investments and dealing with a portfolio of assets or guiding a family though business succession issues, asset protection and family meetings and constitutions we have the experience and skills to work with you. We are a trusted adviser to ensure fairness and equity within family groups.

Nothing causes greater damage to a family and its underlying wealth than disharmony between parents and children or between siblings. Sometimes different treatment between children cannot be avoided but different treatment does not mean unfair treatment. In these circumstances the value of the family business should be independently determined and the same benefits provided to other children. Where this is not feasible a family needs to carefully consider the distinct roles between family members owning a business with family members working in a business receiving a salary and other benefits that an arms-length CEO or other senior executive would receive. With our experience gained from assisting many families with similar issues we can guide you through this process to ensure fairness and equity between all family participants.

Electronic conveyancing has certainly simplified a lot of things. No longer do we need to attend a physical meeting where someone might be late or not have brought the correct documents for settlement meaning your purchase can be delayed a few times. However, conveyancing has become more complex with various Government requirements to tick off and comply with. For instance on every purchase we:

1. Advise on the matters we highly recommend you investigate before signing a contract, or advise you on the contract once you have signed;

2. Arrange for searches and certificates and review these and note any issues to you or differences with what the vendor provided in the Vendor’s Statement;

3. Prepare a caveat or priority notice to protect your interest in the property, if requested;

4. Advise you in relation to the vendor’s disclosure obligations;

5. Co-ordinate with your lender and providing them any documents required;

6. Prepare the transfer of land;

7. Prepare an adjustment of the rates on the property between you and the vendor;

8. Make sure the vendor is tax compliant and that no amounts need to deducted at settlement and paid to the ATO;

9. Arrange settlement with all parties;

10. Notify the statutory authorities of the change in ownership of the property; and

11. Report to you.

So even with electronic conveyancing there is a lot to do and check on your behalf.

Millens has extensive experience when it comes to property development. We can assist you with the purchase of the site and advising you of any planning or other restrictions on the use of the property. We can advise on seeking planning and other permits, taking cases to VCAT if necessary, contracts with architects and other consultants, with real estate agents and builders. We advise on loan deeds and other securities with your lender and are familiar with various development structures such as incorporated and unincorporated joint ventures and all types of trust vehicles. We can prepare the sales documents including for off-the-plan sales. We work with your surveyor to register the plan and complete all sales and naturally we can advise on any disputes or issues which can arise in relation to building matters or sales completions. Millens is your one stop shop for a successful property development.

No. If an employee’s performance is unsatisfactory then they need to be advised, warned and counselled with a view to getting their performance back on track. Only after these steps and ongoing failure to improve performance can an employee in most cases be dismissed. Otherwise you could expose your business to a claim for unlawful or unfair dismissal. You could be liable for damages or reinstatement plus carry your own costs and expenses, loss of productivity and have to deal with the stress and angst of an employee claim. A “position” in your workforce is made “redundant” not an individual. If you need to reduce your workforce Millens has experience and can guide you through the process to carefully review your workforce needs and arrange lawful redundancies.

Times change and just because problems haven’t occurred in the past is no reason why they may not occur now or in the near future. Having clear written policies is fundamental so all staff know what is expected of them. Things aren’t left up to chance. The good luck you have had to date may not continue. Policies are likely to prevent or reduce any future issues. Millens has experience in drafting policies and advising on staff programs for education and implementation. Also if you do have a claim we can assist you with proper and appropriate claim management and dispute resolution and advise you of your business obligations.

At Millens we know that a Will is only one part of your overall Estate Plan. A Will only deals with assets in your own name when you die. What if you had a serious illness or injury and couldn’t manage your own affairs? What about your superannuation? Or assets in companies and trusts? How are these all dealt with? We meet with you to learn about all the assets and businesses under your control and how you want these to be dealt with in the future. We then develop with you and any other advisers you engage such as accountants and financial planners, an Estate Plan which covers all aspects of your personal situation. This includes a Will but also Powers of Attorney, Medical Decision Makers, Binding Death Benefit Nominations for Superannuation, arrangements to transfer shares in companies and entitlements or appointment powers under trusts. We make sure you are protected by an integrated package of Estate Planning documents.

Losing a parent can be an incredibly stressful time, particularly if you aren’t satisfied with what you are to receive from their Will. In some cases you may be able to challenge the Will or the amount set aside for you and receive a larger, fairer share. Millens has extensive knowledge about these types of claims. Whether it’s that the Will isn’t valid for some reason or that you should receive a larger share, we can advise and assist you to make your claim. Only certain categories of people can bring these claims and there are strict time limits to follow. If you have any issues you should contact us as soon as possible so that we can review your situation and give you an honest report on the strength of any claim you may be able to make and the likely amount you may receive. In some cases we are able to wait for payment of our fees until your claim has been resolved and funds received from the estate.