Marriage is commonly thought to be the union of two people who are so deeply in love and wish to spend the rest of their lives together. Over the past few years, there has been an evident change in the fundamentals that constitute a marriage, however one major factor has always tended to remain the same; the love shared between the people getting married. This age-old notion, however, is being challenged with the recent growth in popularity of platonic marriages.

Platonic marriages centres around the idea of companionship - two parties who wish to come together as life partners, sharing an immense love and respect for one another that is not romantic and free from any sexual intimacy. A New York Times article explains that:

“Couples in this type of arrangement often find compatibility and understand each other well, while also agreeing to the guidelines [of marriage] without being blinded by romantic feelings.”

So, why would someone choose to partake in this type of union instead of a traditional one? For some, it provides a level of stability and trust in their lives, that they have yet failed to receive in other romantic relationships. This means that they can enjoy the romantic freedom of someone who is single, yet still have a life partner to fall back on, raise a family with and grow old with. It also poses many practical benefits, particularly posing an alternative to couples who wish to remain with one another yet have fallen out of love. Additionally, it appears more appealing to many asexual, pansexual, aromantic and some polyamorous couples who find kinship and companionship more appealing than a traditional romantically fuelled marriage.

However, many people remain reluctant in accepting the concept. In a recent survey by the US National Health and Social Life agency reported that 2% of married couples have not been intimate over a year – technically classifying them as platonic. The real percentage, however, remains unknown, which is a major indicator that this form of marriage is not beneficial. A large number of people also believe that platonic marriages are unethical and considered as a ’sham marriage’ since technically, people who consider themselves ‘just friends’ should not get married.

Though this remains a growing point of conversation between those who invite this new form of marriage and those that prefer to stick to the traditional way, it has not stopped thousands of people globally who are in platonic relationships get married, against the will of many in our society.

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

This week I attended work experience at Freedman and Gopalan Solicitors. Coming into the week, I was quite nervous and was not sure what to expect, but my worries were quickly taken away when I was welcomed warmly by all staff who were so kind and accommodating towards me.

Throughout the four days, I engaged in a variety of different tasks, all of which helped me to gain a clearer understanding of what life was like as a lawyer. On my first day, I was tasked with writing a chronology on an ongoing case file. Though it seemed overwhelming at the start, I eventually got the hang of it. It was really interesting to read over the affidavits on the case and understand some of the legal processes needed when taking a case to court. Additionally, in researching chronologies, I was able to learn about the different types of documents needed in legal matters, and how they must be presented.

Also on the first day, I was given the incredible opportunity to sit in on a few meetings and consultations. This was very interesting to listen to. I really enjoyed understanding how the first consultations started, what kind of questions to ask and how to interact with different types of clients. This continued throughout the week and helped me gain a clearer understanding of different legal terminology and types of cases in family law. I also wrote a few articles on various current affairs during the course of the week. These were interesting to read and write about and broadened my understanding of various current legal matters and general knowledge. I was also able to engage in an adoption case by looking over and editing various documentation and affidavits, which I thought was fascinating. I also was able to participate in some administration work such as scanning, destroying, and archiving different files.

Before the week started, I was considering going into law as a potential career option, and now I am surer than ever that this is what I want to do. This experience has been incredibly fulfilling and fascinating and I am very grateful to have had such an opportunity.

If you or someone you know wish to to discuss any legal issues, then please do not hesitate to contact us on 02 8999 9809.

The recent victory of the Labor party in the 2022 federal elections saw relief for many asylum seekers who had been kept in detention centres awaiting deportation – namely, the Murugappan family, a family of four who are Tamil refugees from the Sri Lankan civil war.

Four years ago, the family was taken from their home in the central Queensland town of Biloela and placed in immigration detention in Perth where they were kept under close watch and unable to leave the state. The coalition had been adamant in asserting that they would not be willing to grant them permanent residency since their arrival in Australia was by boat and were planning on deporting them at their soonest available time, however a last-minute injunction in 2019 delayed this process and they remained in detention.

The forceful removal of the Murugappan family from their home caused major backlash from the people of Biloela, who started campaigning for their return. This caught the attention of the Labor government, who promised to grant the family a visa and permit their return home to Biloela. The result of the election proved to be in the favour of the Murugappan family, as the coalition lost government. “We knew how much was riding on that election yesterday and in the end, we could go to bed last night knowing that they were safe,” says Fredricks. a social worker in Biloela.

Immediately after the result had been confirmed, Fredricks rang Priya Murugappan, and her husband Nades arrived shortly after from work during Scott Morrison’s concession speech. The couple was filled with joy at the result. “To get to that last night was so incredibly special,” Fredericks said. “We’ve never seen their smiles so big; we’ve never seen their faces look so relaxed – the toll of 20-plus years of trauma falling away as they actually finally processing that they are safe.”

The family has begun legal action regarding the issue; however, the new immigration minister can easily resolve it. Fredricks assured their confidence in the Labor party, who assured them that the family’s return to their home was a top priority, however the situation becomes more complicated, seeing the election defeat of the Labor party’s immigration spokesperson. A clear result is unlikely to be announced until Labor leader Anthony Albanese addresses the situation.

Until then, the family remains relieved, and hopeful for their future as free residents in Australia. Fredricks hopes that they can return in time for the Biloela Flourish multicultural festival in June.  “I guess our first step is just getting those plane tickets,” she says, “We just want their feet back here in Bilo.”

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

After years of controversy and debate, NSW has become the last state in Australia to pass a voluntary assisted dying legislation.

The campaign to legalise voluntary assisted dying has been fronted by many who lost loved ones who suffered great pain in their final days. MP Alex Greenwich says that this major social law reform reflects NSW “finally pass[ing] a threshold of honesty and compassion. Honesty that not all people die well, and compassion that people with advanced and cruel terminal illnesses will have the same end-of-care options as those in every other state”.

This monumental landmark in the NSW legal system means that people with a fatal diagnosis will be able to access voluntary assisted dying. Access to voluntary assisted dying is restricted to people with terminal illnesses who will die within six months, or 12 months in the case of a person with a neurodegenerative condition experiencing unbearable suffering. The person must be found to have capacity to make the decision to go ahead voluntarily without duress, and the application must be assessed by two medical practitioners.

The ratification of this law however has also attracted opposition. Finance Minister Damien Tudehope told the Upper House during the final vote that enacting this legislation would be a “dark day” for NSW.

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

A Power of Attorney is a legal document that appoints a person (or people) as the attorney-in-fact and gives the power to act for another person. The Attorney then manages the assets and makes financial and legal decisions on behalf of the person who cannot do so themselves.

2 Types of Power of Attorney

Why do you need a Power of Attorney?

At any time because of illness, injury, or disability, there is a chance that you will suffer from temporary or permanent loss of capacity. A Power of Attorney that is executed reduces the risk of having a court or tribunal appointed person manage your finances.

Who should I choose as my attorney?

An attorney must be 18 years old and have capacity to make relevant decisions. Your attorney can be a:

What can a Power of Attorney do?

A Power of Attorney can be used for almost any financial purpose including:

In NSW an attorney can only make financial and legal decisions. For someone to make healthcare, lifestyle, and medical decisions you can appoint an Enduring Guardian.

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

Sri Lanka’s economy is now under immense pressure to crash with the invasion of Ukraine escalating gas prices and the government struggling to recover from the economic downfall caused by COVID-19. Though the crisis is not purely because of these reasons, it is the accumulation of government mismanagement that has been going on for decades.

Nepotism is present in the Sri Lankan government as the Rajapaksa clan occupies several key roles in the government and control 24% of the nation’s money. This has of course sparked public outrage as they believe the family living in luxury is not doing what is best for the nation.

How did the crisis start?

The current prime minister of Sri Lanka, Gotabaya Rajapaksa, issued tax cuts in 2019 which had severely reduced revenues at the time the pandemic equally devastated the economy. It is well-known that Sri Lanka is dependent on foreign affairs and tourism as it makes a large part of the country’s earnings. Rajapaksa has also given substantial amounts of money to China to fund for zealous infrastructure plans, which has affected their ability to repay external debt. Furthermore, the Rajapaksa government banned chemical fertilisers which has impacted agricultural produce of critical crops.

Sri Lankan’s Economic Downfall and People’s Response to It

Sri Lankans are finding themselves amid poverty as price inflation skyrockets and electricity outages grow more and more frequent. Households and business have endured daily power cuts since March with the potential to last to 13 hours and basic food necessities have been notably scarce. Without the money to pay for importation of products, there has been a recent paper shortage where schools had to cancel exams. Hospitals are also running low on essential medicines and have been forced to stop performing surgeries as an extreme.

Thousands of protesters have been reported to be flooding the streets of the capital city, Colombo. They have been holding up signs demanding for the resignation of the President while banging and chanting to traditional music. There have also been reports of protestors setting a bus on fire just outside the residence of the President.

In response to this, the President declared a national state of emergency but has lifted it since many significant parties of the government has resigned due to its failing system. It is apparent that with the tensions of conflict continuing to grow in Europe and the loss of public support, the economy of Sri Lanka may deteriorate.

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

There is a common misconception about age being a significant factor when deciding the custody of a child. Surprisingly, age is not as important as one might think. There is no fixed age for when a child can decide which parent to live with during a family dispute. In most cases, there are no opportunities where the child will be the prime assessor in their parental concerns. Instead, only their views are considered amongst other practical factors by the Federal Circuit and Family Court of Australia.

There are two primary considerations that the court will favour when it comes to deciding the custody of a child:

However, under section 60CC(3)(a) of the Family Law Act 1975, it is noted that additional considerations may be any views expressed by the child and factors (such as the child’s maturity or level of understanding). It is important to recognise that the word “wishes” was replaced with the word “views” in 2006 to acknowledge that a child may not be able to boldly express who they want to live with. The word “views” was implemented with intention to capture a child’s perception, perspective, and feelings rather than a single decision.

Other considerations include the nature of the parent’s relationship with the child (including grandparents), the parent’s willingness to encourage the child’s relationship with the other parent and the capacity in which the parent can facilitate for the child’s needs. Moreover, it is not mandatory for the child to express their views if they are unwilling. Any attempts to extract or force their thoughts will regarded to be invalid as coercive behaviour was used to influence the child.

For example, if an eight-year-old is portraying elevated levels of maturity and understanding of the conflict between their parents then the court may place substantial weight on their views. Similarly, if a fourteen-year-old prefers to live with one parent due to bias of money and lack of discipline rather than their better interest with the current primary carer, the court may assess the child to be lacking maturity and stress their views less.

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

Law Reform and Society’s Need For It

Law reform is the procedure by which the ruling power amends, updates, or repeals laws to accommodate the changing values, ethics, economic environment, and morals of modern society. An example of law reform in Australia is the enactment of the National Firearms Agreement (NDA)1996 due to the catastrophic aftermath of the Port Arthur Massacre.

Gun Control Laws in Australia

Gun violence is a global contemporary issue that violates one’s right to life. In response to gun violence in Australia, gun control laws were implemented to restrict use of firearms in order to ensure the safety and security of wider society.

Why Did Gun Control Laws Change?

The consequential event of the Port Arthur Massacre prompted a review for the failing existing gun laws in Australia. On April 28, 1996, a mass shooting occurred at the tourist destination of Port Arthur in Tasmania as a man opened fire, killing thirty-five people and injuring eighteen

How Did Gun Control Laws Change?

The National Firearms Agreement 1996 enacted under the Howard government was the sole legislation that changed Australia’s gun laws. It is an agreement between all states that calls for thorough registration and licensing and the prohibition of certain guns. Prior to this agreement, Australia did not have a collective national law for gun control. Instead, matters and practices involving firearms were covered by each state’s negligent systems that disregarded necessary registration. As a consequence of varying laws in states, Australia was weak and inconsistent in tracking gun activity.

Effectiveness of Gun Control Law Reform

The gun control law reform in Australia has been identified as remarkably effective as it reflected society’s ideals of justice for victims and overall public safety.:

    1. Ever since the commencement of the NFA 1996, Australia has seen a decrease in gun ownership as a cause of the federal amnesty collecting up to almost 660,000 newly banned guns in 1996 and an additional 68,727 handguns in 2002.
    2. In a study conducted by Leigh and Neill in 2010, findings disclose that during the 10 years after the implementation of the NFA there was a 65% decline in firearm homicide and a 59% decline in firearm related suicides.

The improved state laws initiated from the National Firearms Agreement 1996 remains extensively effective in seeing the downfall of mortality rates in Australia, maintaining society’s standard of protection and moral values against gun violence.

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

What is Polygamy?

Polygamy involves the practice in which a spouse of either sex can have more than one spouse at a time.

Legality of Polygamy in Australia

Polygamy is illegal in Australia, and this act may not be performed in Australia. A person who marries another, knowing that their previous marriage still subsists will commit an act of bigamy under section 94 of the Marriage Act 1961. The penalty for this offence can be imprisonment of up to 5 years.

In Australia, marriage is defined in the Marriage (Definitions and Religious Freedoms) Act 2017 (Cth) as the union of a man and woman, to the exclusion of all others, voluntarily entered into for life.

Opinions on Polygamy in Australia

Opponents of polygamy highlight the harmful nature it can have towards women. The common practice of polygyny rather than polyandry undermines women’s rights and furthers the gap of gender inequality.

However, proponents for polygamy argue that in circumstances, it may create honesty and transparency in relationships. In 2013, the ‘Polyamory Action Lobby’ submitted a petition to federal parliament, arguing that the illegality of polygamy acts as a “barrier to love”.

Defences to Bigamy

If you think you have committed bigamy, you may be found not guilty if you can prove:

    1. A mistake of fact occurred
    2. Your spouse had disappeared, and you have reasonable believe that they were deceased
    3. Your spouse has been missing for at least 7 years and you had no reason to believe they were alive

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

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