Kamilaroi woman Justice Louise Taylor was appointed to the ACT Supreme Court on 26 July 2023, as the territory’s sixth judge, making her the first Indigenous Australian woman to be appointed to a Supreme Court. She has been appointed as a resident judge and has made history as it is the first time an Aboriginal woman will hold the prestigious position in the ACT. This will be the second time Justice Taylor makes history as she was also the first Aboriginal woman to be appointed as a Magistrate in the ACT back in 2018. Justice Taylor is an Australian National University alumna who graduated with a Bachelor of Arts/Bachelor of Laws degree who has particular interest in women’s issues particularly with regard to family, domestic and sexual violence. She is passionate about the significance of access to justice for women, especially in relation to Aboriginal women and women from marginalised backgrounds.

Justice Taylor has noted that following her experience as a Magistrate, she is hopeful that it has placed her in an excellent position to deal with the workload in the Supreme Court and that she is honoured to have the privilege to serve the community in this way.  The ACT Bar Association has commented that Justice Taylor brings an extensive range of experience to the position. She has previously worked as a prosecutor with the Commonwealth and ACT Director of Public Prosecutions and as Deputy Chief Executive Officer of the ACT Legal Aid Commission. Justice Taylor has also been the chair of the ACT women’s Legal Centre for 10 years. In the 5 years she served on the ACT Magistrates Court it is noted that she spent her time displaying her expertise in criminal and civil law cases and a commitment to impartiality and fairness.

In 2019 Justice Taylor was awarded Indigenous Alumna of the Year Award from the Australian National University for her contributions to Aboriginal and Torres Strait Islander rights and access to justice for women. She was inspired to pursue a legal career as she wanted an opportunity to “speak to power with a foundation of knowledge and understanding about the law, in particular as it relates to Aboriginal people”, with her motivation being the chance to contribute to her community. There is no doubt that Justice Taylor’s achievements and recent appointment will inspire many.

If you or someone you know wish to discuss this matter further, then please do not hesitate to contact us on 02 8999 9809.

On Saturday 6 August 2023, Elon Musk, CEO of social media platform ‘X’, formally known as Twitter, released the following post:

“If you were unfairly treated by your employer due to posting or liking something on this platform, we will fund your legal bill.

No limit.

Please let us know.”

This interesting post raises the question: Is it legal for an employer to terminate an employee’s contract because of their posts and likes on social media?

Whilst Musk takes a ‘Freedom of Speech’ perspective, his rejection of ‘wokeness’ must be taken with caution for Australian ‘X’ users and employees. In New South Wales, employees are protected by a set of ethical codes stipulated in the Fair Work Act 2009 (Cth). However, unlike America whereby Mr Musk made his post, Australia does not have ‘Freedom of Speech’ imbedded in its Constitution. Instead, Australia has various laws which restrict speech where prejudice and unfair treatment may occur. The Sex Discrimination Act 1944 (Cth) is a great example of this, which restricts discrimination on the ground of sex, gender identity or intersex status.

Social Media Clauses in Contracts

Due to the accessibility and prevalence of social media use in today’s society, many companies have begun including social media clauses within their contracts of employment. A breach of contractual clause was seen in the infamous case of Israel Folau, whereby Rugby Australia cancelled Mr Folau’s $4 million contract due to alleged homophobia within his Instagram posts. Whist Mr Folau argued unfair dismissal, on the basis that he was merely expressing his Christian faith, Rugby Australia declared they, as employers, hold the capacity to regulate the behaviour of their employers, on and off social media, to ensure that they do not contravene the company’s code of conduct.

What if there is no Social Media Clause?

In February 2022, the Fair Work Commission held valid the summary dismissal of an employee at the Australian Council of Trade Unions, after the man posted derogatory material on Facebook relating to the ‘Black Lives Matter’ movement, homosexuality, antisemitism, and domestic violence.

Whilst the employee argued that the posts were made only to his seventy Facebook friends outside of work hours, the Fair Work Commission held that this was irrelevant, as the posts were, at the end of the day, made publicly.

Therefore, although Mr Musk makes a strong push towards Freedom of Speech, it is important to be careful of what opinions employees express publicly, especially if they are contrary to the values and reputation of your employer!

If you or someone you know wish to discuss this issue further, please do not hesitate to contact our offices on (02) 8917 8700.

TW: domestic abuse

Domestic violence is a complex and silent crime that is significantly under-reported, and in most cases, survivors find it difficult in accessing avenues of help.

Domestic violence involves an abuse of power, and is predominantly targeted towards women – making it a gendered crime. It extends beyond physical violence, and manifests itself in various forms including financial abuse, psychological abuse, sexual abuse and isolation.

An avenue that is accessible to many survivors is their healthcare provider or general practitioner. Especially if your partner has isolated you from friends and family, a healthcare provider might be one’s only safe form of communication. When speaking to your general practitioner, advise them of your domestic violence situation, and if your partner refuses to leave you alone in the room with the general practitioner, attempt to call (during a safe time) the general practitioner beforehand to let them know that you wish to speak to them alone.

After discussing your situation with the general practitioner, they will be in a position to assist you in making a safety plan, provide you with details of local resources, and even document the abuse you are going through, whether that be physical or mental. You may need to check beforehand the state laws regarding whether general practitioners are required to report any incidents to the police, especially if you wish for no report to be made.

F&G understands how difficult it is for survivors of domestic violence to finally break free from the power their partner dominates over them and speak out about their situation. It is important to always have a thorough self-care process, such as doing something you enjoy, journaling, or even practicing breathing techniques.

There are numerous assistance helplines available to you:-

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

PricewaterhouseCoopers, or PwC, is a global company that provides accounting and consulting services who, in the business world, is considered to be one of the Big 4 firms in the field alongside Deloitte, KPMG and Ernst & Young. PwC’s largest domestic client is the Federal Government who engage PwC’s services for consultation regard defence, education, transport spending and in some instances, proposed legislative changes. However, it has been recently brought to light that PwC is now subject to a police investigation crisis that has the potential of having global implications.

Almost 10 years ago, the Federal Government requested that Peter-John Collins, PwC’s international tax expert, help them in designing laws that could solve the issue of large overseas companies, such as Facebook and Apple, to pay their appropriate share of tax in Australia. This legislation was known as the Multinational Anti-Avoidance Law. In doing so, Mr Collins was required to sign various confidentiality agreements. However, the Tax Practitioners Board found that he in fact shared confidential knowledge with other members of PwC which allowed them to create ways that companies can avoid paying the new tax and, to the PwC’s advantage, obtain new clients to make more money. This breach of trust, as a result of the misuse of confidential tax information, is a threat that goes beyond the Australian border as PwC used its global connections to profit, bringing in other large professional services firms from around the world.

In 2022, the Tax Practitioners Board suspended Mr Collin’s tax licence for two years, finding that he had leveraged insider knowledge and had failed to properly manage his conflicts of interest. Additionally, nine other partners in PwC have been directed to take leave whilst waiting for the determination of an internal investigation. The names of these partners are yet to be released. In May 2023, emails were released that showed the true extent of what had been occurring in PwC which further showed how Mr Collin’s colleagues were aware that he was leaking confidential secret government documents. That information was then shared to at least 53 other PwC partners who later approached at a minimum 14 global companies regarding tax avoidance. Three of these companies took on the information and restructured to avoid the new tax scheme.

Consequently, the relationships between PwC and the Federal and State Government has been greatly affected. The Reserve Bank has even stopped signing new contacts with PwC until they can demonstrate complete transparency. Treasurer Jim Chalmers has commented that “this is a shocking breach of trust, an appalling breach of trust” which for a firm whose public slogan is “build trust and solve important problems” has hit home. The scandal has resulted in former chair of the Australian Competition and Consumer Commission to call for a separation of the audit and consulting services of the Big 4 firms.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

Separated – but in the same house?

The Family Law Act 1975 (Cth) governs the legal requirements for a divorce in Australia. Although it seeks to minimise the number of obstacles faced by married or de facto couples intending to separate, the complexity of the law itself can be a barrier faced by individuals in the community.

One such area of confusion is the legal requirement for separation to obtain a divorce. Where no children are involved, a divorce order is only granted where the Court considers there is an irretrievable breakdown of the marriage. This is proven by demonstrating to the Court that you and your partner separated and lived separately for a continuous 12-month period before filing an application for divorce.

However, it is often the case that couples are not in a financial position, or simply do not want, to move from their primary residence and to different accommodation while undergoing the separation process. Further complexities arise where children under the age of 18 are involved, as a divorce will not be granted unless there are proper arrangements made for them.

What many do not realise is that the meaning of separation under section 49 of the Family Law Act 1975 (Cth) does account for the circumstance where parties to a marriage have continued to reside in the same residence since separation. The focus of the Court’s consideration of your separation is that you have ‘lived separately and apart’. This can be evidenced by further explaining your specific circumstances to the court in an affidavit (a sworn written document), where you would outline key facts such as:

  1. the date of separation and how it was established;
  2. the reasons for why either party could not reside somewhere else;
  3. the practical changes to your relationship after separation, including;
    1. changed sleeping arrangements;
    2. division/separation of finances; and/or
  4. the plans for either parties’ place of residence after granting of the divorce.

Your affidavit addressing matters such as those listed above, will be filed alongside your divorce application to support your request to the Court. If you are independently applying for a divorce, you must file the affidavit yourself and would also benefit filing an affidavit by an independent person who knows you. If you and your partner are both applying for a divorce, an affidavit must be filed separately by each of you.

At Freedman & Gopalan Solicitors, we understand that every couple and family face unique and varying personal circumstances which may complicate how the Family Law Act 1975 (Cth) applies to you.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

 

From July 18 to August 17, Australians are called to embrace, appreciate, and reflect on the rich culture and history of South Asia. Famously celebrated for its diversity in arts, food, and identities, South Asia is comprised of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka.

South Asian Heritage Month is dedicated to developing greater engagement, education, and awareness on South Asian cultures, and encouraging fellow South Asians to reflect on their heritage.

 

This year’s South Asian Heritage Month theme is:

Stories to Tell

Celebrating, Commemorating, Educating

 

How can you participate in South Asian Heritage Month?

  1. Celebrate the culture, and everything in between – South Asia encompasses a rich culture of creativity, entertainment, food, and more. Engaging in these cultural aspects, for example, may take the form of watching a Nepali movie, reflecting on Indian artworks or enjoying Bangladeshi music.
  2. Commemorate the contributions South Asians have made to our contemporary society. Researching the origins of modern food or music allows for a deeper realisation on South Asia’s impact on today.
  3. Educate yourselves and others by developing an understanding on the cultures, strides, sufferings, and accomplishments of South Asia to further respect and acknowledge the history of the nations.

Top 10 Indian Dishes And Recipes || The Most Popular Indian Food

 

 

 

 

 

Bangladeshi Folk Art Projects | Photos, videos, logos, illustrations and branding on Behance

 

 

 

 

 

 

 

In honour of South Asian Heritage Month, it is worth researching and attending a South Asian event for a first-hand experience of its cultures. A few events over the course of the next two months can be found below.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

Image Source:

https://www.behance.net/search/projects?search=bangladeshi+folk+art

The Top 10 Best Indian Dishes And Recipes

In 2023, Australia will vote in a referendum to amend the Constitution, in order to include an Indigenous Voice to Parliament and potentially alter Australia’s history forever.

What is a Referendum?

In 1901, at the creation of Australia’s Federation, a legal framework binding the states was created, known as the Constitution. The Constitution provides the set of rules by which Australia is governed and outlines the structure and power dynamic between arms of Government. The Constitution can only be changed by a referendum.

A referendum is a national vote, whereby all Australians have a choice to vote between ‘yes’ or ‘no’.  The most recent referendum was in 1999, in which Australians voted on whether they wanted Australia to become a Republic. The result was 54.87 per cent voting no, and therefore the Constitution stayed as is.

This year, Australia will vote on the below question:

A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.

What is The Voice of Parliament?

The Voice to Parliament will be an independent body for First Nations people to advise Parliament on matters that specifically impact Aboriginal and Torres Strait Islander peoples. The members of this advisory board would accordingly be appointed by First Nations peoples. The Voice was officially proposed Uluru Statement from the Heart on May 26, 2017; “We call for the establishment of a First Nations Voice enshrined in the Constitution.”

Does Everyone Agree?

The Voice to Parliament has been heavily debated. In favour of the Voice, many Indigenous people have voiced support, one example being artist Sally Scales, who is a part of The Uluru Statement Dialogue Leadership team and a Pitjantjatjara woman from the APY lands, who stated in an interview with BAZAAR Australia, the Voice will “allow communities to have an effective way to talk about our issues to politicians.” The Voice has also been supported by non-Indigenous peoples including Prime Minister Anthony Albanese and Amar Singh, winner of Australin of the Year Local Hero, who believes the Voice is significant in encouraging multiculturalism.

However, the Voice has also been contented. Independent Senator Lidia Thorpe, a DjabWurrung Gunnai Gunditjmara woman, has voiced concern with the Voice quoting that the bill is “appeasing white guilt,” in that it is a hollow attempt to support First Nations people. Similar statements have been made by the ‘No’ Campaign, led by Shadow Indigenous Australians Minister Senator Jacinta Nampijinpa Price and Nyunggai Warren Mundine. It is the standpoint of these campaigns that a better, more genuine and effect approach must be taken to support First Nations people.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

Rice is one of the most consumed foods across the world, with India reporting for approximately 40 per cent of all rice exports.

However, the Indian government has banned non-basmati white rice, wheat, and sugar exports, effective from 20 July 2023. Current reports note that this ban will take place in order to stabilise the demand and price of domestic rice.

The non-basmati white rice industry is the largest rice export in India, said to be worth up to $1.4 billion per contract. The country has historically sold approximately 500,000 tons of the rice every month, where contracts signed in advance by traders will now be unable to proceed.

Traders have made attempts to obtain payment guarantees or letters of credit as the government imposes the restriction sooner than expected. However, it is unlikely that India shall allow for exporters to ship out their cargoes even if their letter of credit is still valid. Only shipments ready to be exported, and currently loading will be allowed to proceed.

The only exception is for exports requested by other countries’ governments, in order to satisfy basic food security needs.

As a result, many traders must now resort to the force majeure clause to cease their contracts. The clause allows for traders to cancel the contract due to unforeseen, external circumstances which prevent their obligations from being met.

Indian traders have stated that the country’s local rate will most likely drop as the ban is enforced nationwide. While global prices are estimated to increase, the lower prices in India are likely to cause rice traders to suffer losses, especially those with an international network.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

What are police assisted AVOs

An AVO or an apprehended violence order is an order for the protection of one person from another person in circumstances for the victim of physical assault, threats of physical harm, stalking, intimidation or harassment and has a reasonable fear to believe that this behavior will imminently continue. A person over the age of 16 or a Police Officer can apply for an AVO. Police will assess your situation, obtain a statement if required and if they believe and suspect that an ADVO is necessary to ensure your safety and protection, they have an obligation to make the application on your behalf.

Police AVOs are appointed by the police when it is determined that an individual needs protection from another individual and the circumstances deem it necessary.

The conditions of a AVO are

The defendant must not do any of the following to protected people, or anyone who has a domestic relationship with:

  1. assault or threaten;
  2. stalk, harass or intimidate; and
  3. deliberately or recklessly destroy or damage anything that belongs to protected people.

Restrictions put in place against the Defendant include the following:

What to do if the victim does not want the accused person to be charged

Even if the victim doesn’t want criminal charges to be filed, they can still be filed by the police if there is enough evidence available. The NSWPF, following its guidelines and the law, makes the call on whether or not to pursue prosecution. Some individuals who report an incident to police later say they conducted their story to get them to retract the AVOs. Police will keep in mind the dynamics of domestic violence and the probability that the alleged victim’s admission of making up the story was due to fear or other pressures as they investigate the falsified report.

How to withdraw an AVO

Representation can be used to withdraw police assisted AVOs. Representations are large legal briefs submitted to the Police Department by a solicitor which can be used to get rid of or alter the terms of the AVO. Criminal charges like assault can be easily dropped with assistance of representation. An experienced AVO lawyer is able to help you with preparing representations to withdraw an AVO.

In summary, An AVO or an apprehended violence order is an order for the protection of one person from another person due to them being the victim of physical assault, threats of physical harm, stalking, intimidation or harassment and has a reasonable fear to believe that this behaviour vior will continue. Even if the victim doesn’t want criminal charges to be filed, they can still be filed by the police with the necessary evidence, however representation can assist in withdrawing or altering the terms of the AVO.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

envelopeprinterphonemap-marker