Thanks to the nomination by one of our delighted clients, and subsequent submission made by our team, we are delighted to announce that Freedman & Gopalan has been short-listed as a Finalist of the Lawyers Weekly Women in Law Awards for the category of:

The Boutique Diversity Law Firm of the Year, 2015

The Lawyers Weekly Women in Law Awards is a celebration of female talent. It recognises the achievements of women who have challenged, influenced or changed the practice of law in Australia.

We thank our loyal clients for their incredible ongoing support and their appreciation of our commitment to delivering a personal and high quality service, and the dedicated team and staff at Freedman & Gopalan who have helped us achieve this.

We take this opportunity to congratulate our team and our clients on being part of our success.

We are mighty excited to have made it this far! Stay tuned, as the final results will be announced on 27 November 2015.

Thank you all once again!

If you were involved in a motor vehicle accident while driving and hit another vehicle, pedestrian or property, would you know what to do?

When you’re involved in a motor vehicle accident, there may be injuries, damages and emotional instability. In order best handle an accident, there are important things that you must be mindful of at scene of the motor vehicle accident and afterwards. Below is a list of five pointers to keep in mind when any motor vehicle accident occurs.

1. Check on all passengers: Make sure that everyone else involved in the motor vehicle accident is okay and seek medical attention if required. If a person has been severely injured by the motor vehicle accident then it is essential you wait for the appropriate medical assistance to arrive at the scene.
2. Stay at the scene: It is most important that you never leave the scene until it is deemed appropriate - that is after details have been exchanged and medical assistance has been given to the injured. If you choose to leave the scene and a fatality or casualty arises, then you could potentially face serious criminal penalties afterwards.
3. Call the police: If the motor vehicle accident involves substantial damage to property, physical injuries or even casualties, then you should call the police in order to lodge a report.
4. Exchange information: If involved in an motor vehicle accident with another motor vehicle, ensure you note down their full name, phone number, address, driver’s license number, vehicle plate number and take photos of the damage. When talking to the drivers of the other motor vehicles affected, be cooperative and calm at all times and do not apologise for the incident if you are unsure, as this may potentially come back to bite you in the form of legal liability for the incident.
5. Inform your insurance company: Report the incident to your insurance company as soon as viable and to the best of your abilities. Provide them with photographic evidence and a police report if possible.

Remember to only provide the essential facts about the incident that has taken place involving your motor vehicle. It is best to avoid speculating what has happened or making any admissions of guilt which may come back to haunt you if found otherwise. Contact an experienced traffic lawyer from Freedman & Gopalan for advice as soon as possible if you are charged with a traffic offence in the near future.

If you have been involved in a motor vehicle accident or traffic related offence and would like advice, give us a call on 8917 8700 or fill out the enquiry box detailing your issue and we will get back to you ASAP.

Online dating has become so common that the chances that you, or someone you may know is a user of an online dating application. In this day and age, with the increased ability to access the Internet on mobile devices and phones, online dating companies such as eHarmony, Tinder, RSVP have been inundated with users. Online dating has now become so heavily embedded within our society that the stigma once attached to finding true love on the Internet is no longer frowned upon. However, there are risks that come hand in hand with online dating that you should be mindful of, as you are not above the law.

Engaging in inappropriate behaviour on online platforms can result in a criminal offence charge regardless of the context. When engaging in conversation online, it is essential that you are wary of your language as there are specific laws within Australia that cater to victims of harassment by those using an electronic device. The various criminal offences related to online dating that can be charged under the Criminal Code 1995 (Cth) include:

Impersonation

Even though pretending to be someone else online may be disappointing for the individual when meeting in person, this is not necessarily a criminal act. However, if the impersonator seeks to contact the victim in order to commit a crime or a crime later occurs, then they will be charged.

Restraining Orders

All Apprehended Violence Orders issued by the Court forbid the person who is causing these fears from assaulting, harassing, threatening, stalking or intimidating you online or in person.

Sexting

If a person uses a computer, a mobile phone, mobile application to offend or harass someone through sharing their explicit images or discussions with third parties, the maximum penalty can be up to three years imprisonment, in line with the law.

It is essential when entering into a relationship on an online dating platform that you use your common sense and do your due diligence. Be cautious of the risks and dangers of online dating, the policies of these platforms and the limits of the law when deciding to date online.

If you have any questions about your online safety or would like to discuss any online issues you have been involved with, give us a call on 02 8917 8700 or fill out the enquiry box and we will get back to you ASAP.

Are you getting married soon? If the answer is yes, then undoubtedly you will have so much to do in the lead up to the big day. You have to choose the perfect dress, a memorable venue, delicious cake and the rings. However, many couples will not have a lawyer on their wedding to-do-list. The harsh reality is that 1 in 3 marriages end in divorce in Australia. While it may be highly unromantic or alarming otherwise to be discussing and negotiating prenuptial agreements, but the sooner you do, the better it is. It will eventually save you when the due time comes to distribute the assets.

Long gone are the days when a prenuptial agreement was a term confined to celebrities and power couples.  Nonetheless, young couples who are getting married, with a limited amount of assets and intending to start a life together, are usually exempt from a prenuptial agreement. In the event that both parties possess a significant amount of assets before entering into a marriage, a prenuptial is highly recommended in that scenario.

What is a Prenuptial Agreement?

A prenuptial agreement (‘prenup’) is a legally binding financial agreement entered between two people in a relationship who intend to wed or live in a de facto relationship. In Australia, prenuptial agreements are known as Binding Financial Agreements (BFAs). The document confirms:

• What each of the parties had before the relationship;
• Has brought into the relationship; and
• How finances will be divided and sorted between the two parties if a separation or divorce occurs in the future.

Due to the fact that prenuptial agreements are generally attached to a social stigma, many Australian couples do not consider it before they tie the knot as research indicates only 14% of Australian engaged couples have signed prenuptial agreements. Prenuptial agreements are the seatbelt to any relationship, especially when you consider the fact that every third marriage in Australia potentially ends in divorce according to the Australian Bureau of Statistics.

If you have any questions about an existing prenuptial agreement, or you'd like to consider entering into a prenuptial agreement, give us a call on 02 8917 8700 or fill out the enquiry box and we will get back to you ASAP! 

Chances are sooner or later in your lifetime you may question yourself do I really need to hire a family lawyer? The answer is yes you should. Every day across Australia, a range of legal issues arise concerning the areas of marriage, de facto relationships, children and property. Often is the case that many of these family law issues reach the court room and a party to the proceedings, you have every right to represent yourself, but you may not possess the legal knowledge and assurance to do so.

Here are four reasons why you need a highly skilled family lawyer from Freedman & Gopalan Solicitors to represent you in your next case:

1. Knowledge of the Law:

The most obvious benefit of hiring a family lawyer is most certainly, their understanding of the Family Law System and the various loopholes that can make a major difference to the outcome of your case. Without the legal advice of an experienced lawyer you may potentially misunderstand or misrepresent the facts of your case which can prove damaging to your case.

2. Knowledge of the Judicial System:

Various states and territories within Australia are governed by separate procedures and legislation; chances are you may be clueless about the laws that govern other areas. There are different procedures for each state and territory, which only a family lawyer would possess knowledge in regards to. A family lawyer will ensure that all your paperwork is presented accordingly and in line with the Court's procedures, ensuring that your case isn't immediately dismissed.

3. Alternative Dispute Resolution:

An experienced family lawyer will be aware that your family law matter may be best resolved through alternative dispute resolution process such as mediation or informal settlements, saving you time, money and emotional energy. Freedman & Gopalan Solicitors aim to resolve disputes as quickly and as economically as possible, and have achieved non-litigated settlements in the vast majority of their matters. They understand the clients’ economic difficulties during such disputes, and provide assistance to help maintain their cash flow in many circumstances without having to unnecessarily initiate court proceedings.

4. Emotional Support:

At Freedman and Gopalan, we understand that when it comes to cases such as divorce, child custody and property settlement, emotions tend to run high and you may find yourself overwhelmed with stress and the strain of a myriad of other issues. An experienced family lawyer can not only provide satisfactory legal advice, take on the load of proceeding in court but also provide the emotional and moral boost one requires during difficult times.

If you have any questions about a current family law matter, or wish to speak to someone from our office, give us a call on 02 8917 8700.

Our client, a visitor from Colombia, met with an accident in March 2012. At the time, she was sunbaking in a park where she was unfortunately driven over by a park ranger in a motor vehicle.

Our client sustained numerous injuries which included a fractured pelvis and ribs. Though she had undergone numerous medical surgeries, treatments and rehabilitation processes, her life had changed significantly. She had residual physical impairment and chronic psychiatric illnesses which included Post Traumatic Stress Disorder (PTSD) with significant residual symptoms.

The victim approached Freedman & Gopalan to seek guidance and legal assistance. On review of the facts, we identified that the client was able to get a legal remedy, and advised her to commence proceedings pursuant to Section 94 of the Motor Accident Compensation Act 1999.

Freedman & Gopalan commenced proceedings on behalf of the victim, and we are pleased to report that we were able to successfully negotiate a solution and amicably resolve the matter. Our client was awarded a compensation payout of approximately $1.1 million.

Freedman & Gopalan acted for this client on a contingency basis, and as a result, our client did not have the additional worry about having to pay legal fees until the end of the case.

Freedman & Gopalan has expertise in personal injury law and as demonstrated in this case, we work in a sensitive and caring manner to ensure that personal injury victims are awarded an appropriate level of compensation to help them rebuild their lives.

Personal injury compensation is calculated differently and depends on the circumstances surrounding each case. The compensation claim could include compensation for:

• medical expenses;
• financial loss for earnings;
• damage/loss of property; and
• damages for the physical pain and suffering you've been through.

If you have been injured in a car, cycling or any other motor vehicle accident, or if you have suffered an injury or accident at work, you may be able to make a claim for compensation.

Give us a call on 02 8917 8700 to discuss your circumstances, so that we can advise you on the legal remedies available to you, and the best course of action to take.

What is an Apprehended Violence Order (AVO)?

An Apprehended Violence Order (AVO) is an Order made by a court against a person who makes you fear for your safety, to protect you from further violence, intimidation or harassment. All AVOs made by the court prohibit the person who is causing these fears from assaulting, harassing, threatening, stalking or intimidating you. The person you fear, the Defendant, must obey the Order made by the court.

To apply for an Order, you can contact your local police or your Local Court for assistance.

Many women live with the persistent problem of domestic violence as many family violence agencies are struggling to provide services for the growing need in the community. Domestic violence is not just a personal matter; it is matter for the whole community to be concerned about. The only way to go about tackling this persistent issue is to address the root causes and guarantee effective responses to women and children who experience violence.

In line with the Federal Governments recent measures, the newly elected Prime Minister, Mr Malcolm Turnbull spoke for the first time for the country to focus on the increasingly alarming issue of domestic. The changes proposed by the Federal Government are anticipated to take effect as soon as possible.

This year alone, 63 women have been killed a partner or former partner or a member of their family, and 1 in 6 women have experienced violence from a current or former partner, a statistic which should definitely be raising alarm bells for the government and society collectively, but it is also important to remember that men can be victims of domestic violence, too.

What is the Domestic Violence Order (DVO) Scheme?

Domestic Violence Orders are only applicable within the state that they have been granted, however if the protected person (the victim) must apply to the court in each state if they want to move or even holiday, to have the Orders transferred. Such a dilemma means that even leaving for a holiday to another state leaves the victim susceptible to further instances of domestic violence.

Under the proposed scheme, a system to share information on DVOs between all states in Australia, and recognise the orders across state lines will be set up, in order to give those who take out the DVO greater protection. This scheme, proposed at the Council of Australian Governments (COAG) meeting in April 2015 was due to be implemented by the end of 2015.

What is the Government Doing to Help?

The new measures proposed by the PM include a $100 million package to provide assistance to those who are suffering from or experiencing violence within the domestic environment.

This will increase investment in the ‘Safe at Home’ program, helping women install CCTV, get panic buttons and security systems to help them faster contact the police systems. GPS tracking of offenders will be trialled within each state, and the provision of mobile phones to women who may have had their mobile phone/computer/tablet compromised.

The measures do not stop at helping women, though. The government has allocated a sum of money to MensLine, a prominent counselling service that helps men who feel the need to reach out.

Women often reach out to the public sector in times of need, to their GP, a nurse, a police officer or the magistrate of a court. The government plans to implement further training in handling these situations, as there is almost no training in the current education provided, for such a prevalent issue.

School curriculums will also be amended to include a Respectful Relationships program, which will “educate secondary students about gender, violence and respectful relationships. It is one part of a larger strategy to assist schools in meeting state and federal initiatives to prevent violence against women.”

What is NSW Doing to Help?

In line with the Federal Government’s proposed measures, the NSW Government has prioritised domestic violence. Current measures include the provision of an Apprehended Domestic Violence Orders (ADVOs) by the NSW Police. This means that if the police suspect domestic violence has occurred, or is likely to occur, and police can put this in place so that they can control the offender’s movements and make sure the protected person is safe and continue to remain safe.

The NSW police have options to:

• Make an application for an AVO on your behalf;
• Refer you to a support agency;
• Develop strategies to deal with repeat victims and offenders; and
• In the case of criminal offences, arrest and charge the offender, or charge for a breach of an AVO.

To read Mr Turnbull's media release on the Women’s Safety Package to Stop the Violence, click here.

If you have any questions about an AVO, DVO or an ADVO, or you know someone who is suffering from domestic violence, give us a call on 02 8917 8700.

The biblical perspective of an eye for an eye which has its foundations within the notion of retribution implies that punishment should be served in proportion to the degree of the offence. Meaning, literally, whatever you do to your family or neighbour will be done onto you. If you kill a man, you will be killed. If you steal a man’s asset, your asset will be taken away too. In Gandhi's often quoted words ‘an eye for an eye ends up making the whole world blind’, may be true in more ways than he had in mind. He makes it evident that this type of thinking isn't productive at all for a peaceful global community or lifestyle. You cannot play the advocate for peace whilst simultaneously supporting the rule. The concept of punishment is a universal phenomenon. Any society who finds that their customs or laws have been impeded upon is swift to impose sanctions. Our legal system aims to deliver quick, cheap and just decisions however the core question stems from the long-held debate of whether the punishment always befits the crime?

What Does The Law Say?

The law states that there several purposes of criminal punishment: protection of society, deterrence of the offender and of others who might be tempted to offend, retribution and reform. These purposes all interrelate with each other and cannot be viewed separately from the rest when judges attempt to decide the suitability of the sentence for each particular case. Attempting to determine what sentence is appropriate is not an easy feat which carries with itself the difficulty in giving due importance to each of the purposes of the punishment.

Section 3A of the Crimes (Sentencing Procedure) Act 1999 sets out the various purposes “for which a court may impose a sentence on an offender”:

1. to ensure that the offender is adequately punished for the offence,
2. to prevent crime by deterring the offender and other persons from committing similar offences
3. to protect the community from the offender,
4. to promote the rehabilitation of the offender,
5. to make the offender accountable for his or her actions
6. to denounce the conduct of the offender,
7. to recognise the harm done to the victim of the crime and to the community.

Punishment Objectives

The objectives or purpose of punishment in the criminal justice system can be categorised accordingly:

• Deterrence: The objective of deterrence is to discourage people from offending in the future. The notions aims to confront the problem of recidivism (repeat offenders). Deterrence may be applicable for minor offences such as fear arising from speeding however as the nature of the crime increases, consequently the punishment too, will have a minimal deterrence effect. However with high profile cases such as the recently highly publicised Bali 9 executions, this may now possibly act as a deterrent or possibly even a reason to stop and think for all those involved in drug trafficking.
• Retribution: The objective of retribution encompasses the notion that the punishment should fit the crime. The judge or magistrate will consider, as is always the case with respect to sentencing, the impact of the crime upon the victim, their family and the community. Lengthy custodial sentences are an example of a punishment aimed at retribution.
• Rehabilitation: The aim of rehabilitation is to change the behaviour of the offender so that they will not re-offend. Accordingly, rehabilitation is primarily aimed at tackling the problem of recidivism, i.e. repeat offenders especially amongst children and young offenders.
• Incapacitation: The concept of incapacitation aims to protect society by removing the offender from society which is usually opted for in cases where the crime is of a heinous nature and/or would pose a risk to society.

Looking Beyond Punishment

Often imposing lengthy sentences in an attempt to deter civilians from committing further crimes in many cases may not be sufficient. According to the Australian Bureau of Statistics, In Australia, high crime rates are often associated with poverty, unemployment, low levels of educational attainment, family relationship problems and high levels of drug use. As most offenders within incarceration will be illiterate, poor and often mentally unstable, it is essential that these aspects are addressed through education which in turn should lead to stopping recidivism. Not only do these opportunities offer advantages for the legal system, government and society, they also offer a new lease on life for these individuals once their punishment ceases. It is for this reason that punishment should focus on making reparations to victims and restoring offenders in a sound state of mind back within the community.

If you are concerned about your rights under Australian law then give us a call on 02 8917 8700 or alternatively fill out the inquiry box detailing your issue and we will ensure to get back to you as soon as possible.

Photo courtesy: Huffington Post

The topic of abortion has been one of much debate over the decades since the first abortion clinics opened up in the suburb of Surry Hills in New South Wales. Feminists have constantly fought to decriminalize the right to having an abortion which is currently illegal according to Sections 82, 83 and 84 of theCrimes Act 1900 (NSW). Recently, the topic has yet again surfaced as conservative MP Fred Nile introduced a series of Bills into parliament in May which seeks to make it difficult to get abortions. Women in NSW can access abortion under the 1971 Levine district court ruling, which found abortion was legal if there were economic, social or medical grounds to avoid a serious threat to the woman's physical or mental health. However supporters of Mr Nile’s proposals hope to see the current legislation criminalizing the termination of a foetus with a detectable heartbeat, and certain set of steps be carried before the women proceeds to the get an abortion; viewing an ultrasound image of the foetus and undergoing counselling for her intended actions.

Pro-female advocates state that if these laws are to be successfully passed, this will only mount more stress on women facing the emotional, mental and physical pressure that comes attached with forming a decision to obtain an abortion. However, these advocates have a reason to rejoice for the time being as Victoria recently announced the introduction of ‘buffer zones’ to prevent pro-life activists from protesting directly outside abortion clinics within the state. The Bill was initially introduced by the Sex Party who developed it in conjunction with the Department of Justice and Regulation aims to exclude pro-life activists from being within a metres radius of the abortion clinics, with penalties for violations of the ‘buffer zone’. The Bill was introduced into Victorian parliament after continual reports from women and medical staff at clinics that they were constantly being heckled and harassed by pro-life activists. However, the introduction of ‘buffer clinics’ is yet to be nationalized as Tasmania is the only other state to adopt buffer zones around abortion clinics back several years ago.

The Law and Abortion

Abortions are legally permitted in New South Wales if the pregnancy puts the mental or physical health of the mother at risk. Additionally if the woman's life circumstances face impeding danger then an abortion is justified by legislation. Abortion services are available up to weeks 18 to 20 of pregnancy. A woman of 14 or 15 years of age can give informed consent for an abortion if a doctor deems her mature enough to do so. However a minor must obtain consent from a parent or guardian, or a Supreme Court before they can proceed with an abortion.

The Crimes Act 1900, Section 82 states that:

Whosoever, being a woman with child,

• unlawfully administers to herself any drug or noxious thing, or
• unlawfully uses any instrument or other means,
• with intent in any such case to procure her miscarriage,
  shall be liable to imprisonment for ten years.

The Fine Balancing Act

In the alternative, pro-life supporters justify their actions by stating that the Bill limits their right to freedom of speech and right to protest. Conversely, doctors at reproductive and fertility clinics argue that these activists have physically obstructed women from entering the premises. In contrast, doctors at the clinic claim to have observed pro-life protesters physically preventing women from getting into the facility. It is a delicate balancing act between government legislature and clinics, as people do possess the right to protest however it should not occur at the cost of impinging on another’s rights in the due process.

If you are concerned about your rights to an abortion under Australian law then give us a call on 8917 8700 or alternatively fill out the inquiry box detailing your issue and we will ensure to get back to you as soon as possible.