• Preparation of Wills and Administration
  of Deceased Estates
• Commercial Law
• Commercial Litigation
• Property Settlements and Purchases of Business
• Liquor Licensing

• Migration Advice
• Franchises
• Patents, Copyright and Trademarks
• Personal Injuries
• Family Law Matters
• Police Charges/ Traffic Offences/ Criminal

More legal service at less cost

We are happy to report that you have indeed found your new home for all of your legal service needs both here in Western Australia and around the globe. We are confident that once you experience our incredible attention to each and every detail of your case, coupled with our extremely attractive low fees, that you will make Tan & Tan Lawyers your only choice for all of your legal needs.

Preparation of Wills and Administration of Deceased Estates

While they say that the only certain thing in this world is uncertainty. There is an exception – there is nothing more certain than death and taxes.

Let us help you ensure that your hard work benefits those that you love the most. We prepare your will with respect to your wishes and explain the ramifications of one action or another in relation to the law.

We give you solid advice with respect to applications for Grants of Probate or Grants of Letters of Administration and preparation of Enduring Power of Attorney.

Rest assured that your wishes will be carried out with the professionalism and care that you deserve.

Commercial Law

At Tan & Tan Lawyers we provide practical advice in all areas of commercial law. We skillfully assist in all negotiations, formation of contracts, joint ventures and partnerships transactions including preparation of and advising in relation to real estate and business contracts, commercial property leases, and company structures.

We will also assist you in the incorporation of public and private companies, the formation and operation of partnerships, trusts and joint ventures and advising in relation thereto.

We understand the unique needs of entrepreneurs, business owners and corporations. Let us join your team and help you achieve all of your business goals.

Corporate Legal Advice and Services

We provide company secretarial services for proprietary limited companies and public listed companies. Let us look after your corporate governance issues. We understand that trust is the most important component in our relationship with our corporate clients and we’re proud that for over 20 years Western Australian businesses have been trusting us to handle even their most sensitive of business services.

Commercial Litigation

Our firm has extensive experience in commercial litigation. We will represent you or your company before all the Courts in Western Australia including the Federal Courts with rigor and success.

Property Settlements And Purchases Of Business

Experience in handing business and real estate purchases and transfers is imperative. We will help prepare and advise in relation to all of your real estate and business purchases.

For settlement of property, we charge only at settlement agent rates, but then add value beyond the service offered by settlement agents through the provision of legal advice and contract drafting at no additional cost. This is just another example of our foundational commitment to low fees and exceptional service.

Liquor Licensing

For even the most experienced business, bar and restaurant owners, facilitating liquor licensing can be quite challenging. We provide advice in relation to applications for liquor licenses and transfers thereof as part of your business settlement needs.

Migration Advice

Raymond Tan, the CEO of Tan & Tan lawyers, is a registered migration agent with the Migration Agent Registration Authority. To ensure that his migration licence is renewed and to keep up with the latest legislative changes in migration law, he must to attend prescribed courses presented by the Migration Agent Registration Authority. This imperative along with his unwavering commitment to professional excellence ensures that you get the best migration help available.

Raymond Tan will assess your eligibility and advise you of the most suitable category to apply under. We have assisted business people from South Africa, China, Hong Kong, Malaysia, Singapore, Abu Dhabi, Netherlands and Indonesia to settle in Australia.

Migration advice is one of the most fulfilling areas of our practice. It is challenging because each and every application is different. It is most satisfying when the application is approved and most fulfilling when we see those families settling down and contributing positively to the Australian society.

The Migration Agents Registration Authority requires us to display a copy of the Migration Agent’s Code of Conduct. Please find this document at http://www.themara.com.au/mara/reference/conduct

Franchises

Even after selecting the perfect franchise for you there is much work that needs to be done to ensure that you are in the best position to succeed. We assist our clients in the preparation of franchising agreements and all franchising requirements under the Franchising Codes applicable to Australia.

Patents, Copyright and Trademarks

We are very intentional about protecting your intellectual assets. We will help you to protect your intellectual property. We give advice with respect to protecting and licensing the use of your valuable intellectual property and litigation in respect of infringements thereof.

Personal Injuries

We assist clients in their claims for personal injuries resulting from motor vehicle accidents, accidents in the workplace, shopping centres and public places.

We also handle all workers’ compensation claims, employer’s liability and any general negligence claims.

In respect to compensation work such as personal injury claims stemming from motor vehicle accidents, work-related accidents, criminal incidents, and public liability, we provide comprehensive and compassionate advice on claims and the success thereof.

We know how challenging these times can be for you and up front fees will not be required unless your instructions are to press forward on a claim where success is limited. Like all of our services, we will provide you with solid advice and information to wisely make this decision.

Family Law Matters

Do have a problem with your relationship? Perhaps you might just want some information about your options. Please call us to get advice on how to protect your assets and your family. We charge for our services according to the Family Law Scale of Cost and provide the high-quality, experience solutions that you deserve. Why not listen to our podcast on property settlement before you even see us as it will answer most of your questions.

Police Charges/Traffic Offences/Criminal

Before making any rash decisions, talk to us. We know your rights and will fight for you. We give advice and representation on all types of charges in the Courts of Petty Sessions, District and Supreme Courts including alcohol related and other traffic offences, criminal charges, restraining orders and applications for extraordinary drivers licenses

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We understand that at first glance our motto may appear to be conflicting. The vast majority of people do not associate world-class legal service with the word “affordable.” At the foundation of Tan & Tan Lawyers is our belief that our clients deserve premium services without paying the extremely high costs that are normally associated with legal services. We are determined to demonstrate how our focus on providing true value for our clients has made us one of Western Australia most recommended law firms.

In our over 20 years of legal practice we’ve found that often clients are blinded by emotion or ”principles.” We consider it our job to ensure that each of our clients understands the concept of principle vs. costs. Equipped with this knowledge, clients are then able to look beyond the emotion of the situation and make solid choices that are best for their unique circumstances.

Tenacious. Responsible. Earnest.

Having served Western Australians for more than two decades, Tan & Tan Lawyers is one of the oldest Asian law practices in Perth. Though many aspects of our business have evolved since our early days, there is one thing that we will never change, alter, or modify – that is our unwavering focus on providing the best legal services that we can for each and every one of our clients. We are tenacious, responsible, and earnest in achieving our clients’ needs. We will not be outworked, outsmarted, or outmaneuvered when providing the wide range of legal services that our clients rely on us for.

Our Foundation. Our Future.

Raymond Tan, the owner of the practice, had a vision of creating a unique multilingual law firm in Western Australia, serving not only Western Australians, but also the rest of the world.

This ambitious goal has been achieved through his imaginative use of the Internet in the firm’s “Free Email Legal Advice Service” and also through interaction with other independent law firms worldwide.  Raymond Tan is the founding member of “GAIL” the Global Affiliation of Independent Lawyers.

We are here to Serve You.

We look forward to being your only choice for all of your important legal services. Call us today and speak with one of our talented team members about how we can serve you best.

Lawyer(s), Barrister(s), Legal & Law Firm, Commercial Lawyer, Solicitor(s) Public Notary

Perth, Western Australia

Not everything that was designed by the fit out contractor, Interarch Homes, has been finished, but we are nearly there.

The move took place on 4th June 2010 with all staff lending a hand.

Here’s a picture of them having a lunch break at the park in front of the office.

We look forward to seeing you at the new office. I am told the new high tech toilet seat will be ready tomorrow.  It is modelled after toilet seats in Japan with massaging sprays, deodorisers, warmwater cleaning, etc. the list just goes on. They know how to do it in Japan. I have brought a bit of Japan to Tan and Tan Lawyers. The only law firm in Perth or even the Western hemisphere with such a toilet.

The telephone number for the practice remains the same. The office is on the ground floor with Langley Park (where the Red Bull race is held)  fronting the office. If you are coming down from the old office at Wellington St, just turn left into Bennett St and head towards the Swan River and drive till you reach Langley Park. Then turn right and you are there.

I will be pleased to welcome you to our new office and to share a cup of coffee with you.

Lawyer to spend the night as a homeless person

Raymond Tan, the owner of Tan and Tan Lawyers has signed in to spend the night in Perth as a homeless person on Thursday, 17 June 2010.

The St Vincent de Paul Society is organising a Sleep Out for CEO’s to raise funds and awareness regarding homelessness. The first such event took place in Sydney last year. It is now a national event with CEOs sleeping rough on the same night Australia wide.

The sleep out for Perth will be taking place at the WACA whether it rains or not. There is a 55% chance of rain according to weather reports. The average temperature for 17 June 2006 was -7 degrees.

There are currently 82 registered CEOs for the event in WA. All participants are only allowed a sleeping bag. They may be given some cardboard if it rains. No food or alcohol is allowed.

Raymond has been a lawyer in Perth for over 20 years. He is also the only Asian public notary in WA. He has a beautiful wife and 2 young sons who he claims have been too privileged. Raymond himself comes from a poor family where he was the 9th child in a family of ten. His working class parents were lucky enough to be afforded public housing in Singapore.

There are 14,000 persons who are homeless in WA. That is a shame considering WA is a boom state because of the mining industry. However, public housing in WA has failed to keep up with the rising demands.

According to the St Vincent De Paul Society, there were 1334 home repossessions in WA in 08/09 compared to 686 cases in 07/08.

The global financial crisis and continued rising interest rates have not helped many families who are struggling and at the tip of being homeless. The most common reasons for homelessness relate to domestic and family violence.

The common misconception is that most homeless persons are middle aged men. In fact 44% of homeless persons are woman and 38% of homeless persons are under 35 years of age.

Raymond hopes to raise at least $5000 in donations. He just registered as a participating CEO on 6 June 2010 and has already raised $1170 within 24 hrs.

Like Raymond, let us appreciate what we have in life and be thankful that each night we live in the warmth of a home with a roof over our head. In our comfort, spare a thought for many out there: men, women and children, whom due to no fault of theirs, end up cold, hungry and homeless.

Please help Raymond to help provide some comfort to the homeless of Perth by visiting

http://www.ceosleepout.org.au/location/ceoprofile.php?ceo=820

to make a donation.
Remember, all donations over $2 are tax deductible.

Please, help Raymond and the St Vincent de Paul Society to help the homeless of WA.

This is my latest article from the Perth Woman magazine. It deals with the issue of the liability of a host at a party etc. What happens when you get a  guest drunk? Are you responsible if they hurt themselves? The article is interesting reading as it affects all of us.

Please see:

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

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.

Written Testimonials

“Thanks for the excellent service and advise I received from you and your staff over the last five years… you have guided my family and me in a very professional way.”
Balt and Francesca van Der Meer – Darlington Estate Wineries

“The firm of Tan and Tan Lawyers has acted as my legal advisors for the past 15 years for both my personal and business interests…….I have been most impressed by their commitment to customer service, their capacity to be empathic and sensitive to their client’s needs, and the degree of integrity and professionalism which they have demonstrated. They have always provided me with legal advice and representation of the highest calibre.”
Patrick Liau, Director – Windsor Lodge, Como

“Thank you and the team at Tan and Tan lawyers for the excellent advice and service you have provided over the last 3 years…..It is convenient and comforting that your firm handles all my personal legal requirements and Australian and International business legal matters as well.”
Mark Horwood C.D. – On Line on Hold

“Mr Raymond Tan is a man of great integrity, is extremely dedicated to his family and work, is articulate and hardworking. He is professional and efficient and showed high regard for fairness and the truth, whilst being considerate of other’s feelings and beliefs. “
Ian Han – Hans Café Franchisor

“An important aspect of business is knowing who to call when you need help or advice. Situations occur through ones business life that require expert advice and full  understanding of the possible long term implications. For my business, Raymond has been that advisor. An important part of his service has been his ability to communicate what are sometimes complicated legal issues in such a way that meaningful considered strategies can be formulated. To cap it off this is done with a sense of humour and personal consideration well above the norm within the legal fraternity.”
David Bennett – Managing Director, Aquabiotics Industrial Pty Ltd

“We have found whether we needed to speak to you on a trivial matter or a more complex matter, yourself and the staff of Tan and Tan have offered us a high standard of service and respect……we have felt at all time there was nothing we could not discuss with you to resolve a problem.” Rhondell Fleming, Director – Cockatoo Cotton

“I’ve always found Tan and Tan Solicitors to be professional, pragmatic and commercial realists in all their dealings.”
Damian Collins, Director – Momentum Wealth

“We would certainly recommend to everyone.  Tan and Tan Lawyers, don’t leave home without their business cards!”
Florence Chew – Café Paz