I have recently completed my work experience at Freedman and Gopalan Solicitors and it has been a pleasant experience which has given me insight on many things including how an office workplace functions in the corporate world and has additionally showed me how matters regarding family law are handled in the law industry. As this was my first time experiencing a workplace environment I did not know what to expect.

My first day in the firm was very exciting as I began to get acclimated to my new working environment. I completed simple tasks like archiving, stapling and hole punching legal documents. While these tasks seemed insignificant, I learned that each of the tasks which I completed was crucial in the case and were vital in running the law firm. Additionally, I was also given the chance to view a live legal conference between a client and our principal solicitor, Mittu Gopalan. This teleconference gave me insight on how lawyers function and deal with client’s issues.

My second day at the firm was also very stimulating. I completed a number of admin tasks like archiving, stapling and hole punching legal documents whilst becoming more adapted with my working environment which improved my efficiency. While working, I began to comprehend different cases and how cases in family law were dealt with. In particular, a long-time employee was leaving the firm which revealed the tight-knit community of the firm as they shared stories over some cake.

I learned a lot of new tasks and procedures on day three. I learnt how to archive old physical folders that had recent developments. Subsequently after retrieving the folder, I would extract all of its contents and place them into a dummy folder which essentially means that it will be kept in archives or thrown out. Additionally, I created a chronology of events. This meant that I had to meticulously peruse through a file scanning for any important dates that must be included within the chronology. After taking note of all the important dates of events that occurred, I was then given a precedent in order to make one for the current matter. This was extremely exhilarating as I was given the chance to create a real court document from scratch.

On the last day I did more of the same work, and had the opportunity to write this article. This experience has been very eye opening and has allowed me to discover my passion for pursuing a career in law. It has also helped me attain various skills relating to the profession such as creating legal documents, filing correspondence and law firm etiquette.

Over the course of these past 4 days I had also been writing several articles on topics which was beneficial for me to be able to work on my report writing skills and gain a better grasp on how the law and lawyers works within the legal system. I wrote articles on topics like the Adidas class action lawsuit over Kanye West’s Yeezy brand, time limits in family law, police-assisted AVOs and the Medibank security breach class action lawsuit.

In summary, the law firm of Freedman and Gopalan has assisted me in gaining a better understanding of the corporate and legal world and additionally has helped me experience what it would be like to work in my dream job. This company has provided me with their utmost care and an overall warm experience and I would most definitely recommend this firm to anyone who wants work experience and has a passion for following a career in law.

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

Here are the time limits for different areas in family law to help you out in your legal matters!

Different time limits for separation

There are various time limits for separation in family law. Time limits are important dates provided for in the Family Law Act. When dealing with separation there are many issues competing for your attention such as property, parental issues and financial assets.

Property adjustment

When dealing with property, it is recommended to make a property adjustment order as soon as possible after the separation as halting the proceedings can be disadvantageous. In the matter of Bevan & Bevan [2014], separation had occurred 18 years earlier and the parties had arranged their finances by agreement over that period. In this case, the husband received no assets because he had moved on with his life, and since all the assets were in his wife's name, the Courts did not see it fit to make adjustments regarding property.

Parental issues

Parental issues are also an issue when dealing with time limits in separation. In parental matters, proceedings can be commenced at any time. If Final Orders have been made in parenting matters, then proceedings can only be recommenced if there is a significant change in circumstances. However, it is recommended that proceedings should commence as soon as possible for the foremost outcome.

Financial assets

Financial assets are also an important issue concerning time limits in family law. If you are married, applications for financial assets adjustment must be made within 12 months of your divorce or nullification becoming final. Ensuring that you do this within a year will secure the best outcome in splitting the assets

When client needs to take action

In a majority of cases ensuring that you take action concisely after the separation has occurred is best in securing the best possible outcome whether it involves property adjustment, parental issues, financial assets etc.

In summary, there are various time limits for separation in family law. Time Limits are important dates provided for in the Family Law Act. When dealing with separation there are many issues competing for your attention such as property, parental issues and financial assets and in a majority of cases ensuring that you take action concisely after the separation has occurred is recommended to achieved best possible outcome.

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 is Paid Domestic and Family Violence Leave?

“Sustained periods of employment can provide financial security, independence, social networks and increased self-esteem” (Australian Council of Trade Unions, 2016 as cited in ANROWS, 2019b, p. 1).

Since 1 February 2023, (1 August 2023 in the case of small businesses) every employee in Australia is entitled to 10 days of Domestic and Family Violence Leave at their usual rate of pay across a 12-month period, allowing them to access support and assistance during work hours, as well as attending court or organising relocation.

Employers may ask for evidence of the need to take time off for such purposes but family and domestic violence leave will not be mentioned on pay slips.

It is hoped that this initiative will offer a “protective factor” for victims particularly vulnerable to “enduring economic stress” (ANROWS, 2022a).

Why is it important?

In a recent study using data from the Personal Safety Survey, of the 30% of women who had unsuccessfully attempted to leave a violent relationship, 15% had been forced to return for financial reasons. (Summers, 2022, pp. 9–10)*

Another recent report by ANROWS found that economic or financial abuse had featured in 27.4% of relationships resulting in the death of a female victim at the hands of a male primary domestic violence abuser. (Australian Domestic and Family Violence Death Review Network & ANROWS, 2022, p. 55).”

If domestic violence leave can reduce the economic disadvantage that drives victims to return to their perpetrators, it’s no exaggeration to say that it could save lives.

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

*Anne Summers, The Choice: Violence or Poverty

It isn’t often a 16-year-old is entrusted to work in the corporate world with the opportunity to experience a traditional 9-5 job, however, working at Freedman and Gopalan was nothing short of exciting.

My short 4-day stay at the firm gave me insight into the law industry and provided me with knowledge on what to expect in university, my career and potential clients. The generous 10 am - 4 pm hours with an hour lunch break in between allowed me to sleep in but also provided me with ample time to learn skills related to the law field. My days were spent reading affidavits, writing chronologies and articles and learning the documentation system of the law firm. While reading these cases, when a legal concept came up that I needed help understanding, the solicitors took time out of their busy schedules to explain it to me.

My time at F & G taught me the importance of the legal system in our society and the impact one can make as a lawyer to person. As I’ve got a passion for travelling, I was looking for a field that would allow me to explore the world and meet new people. My stay at F&G taught me the importance of communication and genuine connection and concern in the legal field.

It was evident almost immediately that everyone at F & G was tightly knit, sharing inside jokes and having friendly competitions which I never felt excluded from. The enthusiasm during Christmas to decorate and fill the office with the spirit was infectious, especially when having a good laugh at Elf on the Shelf. Jasmin and her colleagues frequently checked in on me and made sure that I was accommodated. Mittu was warm and welcoming, always striking up a conversation with me when she saw me and trying to know me better.

To anyone considering a career in law or perhaps wishing to understand the inner workings of a law firm, I would definitely recommend Freedman and Gopalan. My time here was like my very own Legally Blonde film - immersed in the legal world and surrounded by encouraging and friendly people. I feel so fortunate to have spent my work experience here and I would do it again in a heartbeat.

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

 

Spousal maintenance is an agreement between two former partners where one party will provide financial support to the other as they are unable to support themselves. It applies to both marriages and de facto relationships, however with the latter, there is a certain criterion that is to be met before it can be seen as viable under the court’s eyes. It is outlined under the Family Law Act 1975 that spouses or de facto partners have an equal responsibility to support each other even after the annulment of their relationship.

As financial payout, the Court can order a lump sum, a weekly periodic payment, property transfer, make a Final Order, or any other arrangement which they think is suitable for the case.

Factors that affect Maintenance

The financial payout received via spousal maintenance varies on the court’s decision, and two major factors taken into account are the needs of the applicant and the responder’s ability to support them. Other aspects that need to be considered include age, income, health, financial assets, one’s ability to work and if the relationship has affected one’s ability to earn a proper income. The Court also takes into account with whom the children are living with (however, child support payments are separate to spousal maintenance). Fault is not taken into account in spousal maintenance, and one does not need to go to court for a maintenance arrangement, instead they can opt for consent orders or a binding financial agreement.

Eligibility

To be eligible for spousal requirement one must order for maintenance within the time limit that is decreed for their relationship. For a marriage or a nullity, you must apply within 12 months of the divorce or decree of nullity. De facto relationships however have a two-year period within which one can order maintenance. Once the applicant marries another person however, they are no longer entitled to receive spousal maintenance unless the Court orders otherwise. The same principle is applied to de facto relationships; however, the Court takes into consideration the financial situation in the relationship and whether the applicant is sufficiently supported.

How to Apply

Before applying, it is recommended to seek legal advice from a legal service as some financial orders require independent legal advice before applying for court. To apply for spousal maintenance, one needs to complete an application form for the Federal Circuit and Family Court of Australia (FCFCOA). The FCFCOA conducts maintenance hearings and provides deadlines for tasks that need to be completed before the hearing. The FCFCOA’s process varies on the complexity of the issues and the level of cooperation between the two parties.

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

December 9th, 2017, marks the day Australia finally achieved marriage equality, but it does not represent the winding path that had been taken to get there. Same-sex marriages have been a part of the long debate in the Australian government of the legal recognition of same-sex relationships. In 2008 and 2009, a wide range of reforms were conducted at a federal level to provide equal opportunities for same-sex couples in areas such as employment, taxation, social security and superannuation.

Australia’s history is bestrewed with nearly achieving marriage equality, as seen in the 43rd Parliament. The Gillard Parliament saw an increased focus on the subject of equal marriage rights and included three Bills to amend the Marriage Act 1969. The Bills were introduced by Labor, Greens and an Independent MP and were to legalise the institution of marriage for both heterosexual and homosexual couples as well as legally recognise same-sex marriages that were conducted over-seas. While the Bills were included in two parliament enquiries, they were not passed.

However, with the legalisation of same-sex marriages in the Unites States in 2016 and sixteen countries with marriage equality, public pressure was placed on the Australian government to amend the Marriage Act 1969, thus the introduction of the Australian Marriage Law Postal Survey. The survey sent out by the Australian Bureau of Statistics (ABS) unlike referendums, was voluntary and asked the question “"Should the law be changed to allow same-sex couples to marry?" Everyone on the federal electoral roll was mailed the form with a reply-paid envelope and the results tuned in with 61.6% in favour of marriage equality. The Postal Survey played a pivotal role in the legalisation of same-sex marriages as prior to the survey the Coalition government had pledged to facilitate a private bill on the topic depending on the results of the inquiry.

However, the issue now settled on whether the Parliament would pass a federal amendment or leave State governments to pass their bills. Constitutionally, any legislation on the topic of ‘marriage’ is to be a federal decision, however, the High Court hadn’t defined what the term meant. The 19th century Constitution outlined it to be a “a union between a man and a woman” but it was unclear if the definition had evolved as time changed. Now, defined as “the union of 2 people to the exclusion of all others, voluntarily entered into for life”, marriage as a legal term embraces marriage equality.

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

The term “best interest of the child” plays a crucial role in family law legislations and is a factor that Court takes into account when handling cases in regards to children. To uphold Article 3 of the United Nations Conventions on the Right of the Child which states “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”, the Australian Family Law Act 1975 (Cth) was amended in 1995. The Act requires the court to consider the best interest of the child and also makes it clear that both parents have shared responsibility for the child until they are a legal adult.

In 2006, the factors that go into the Court’s consideration when deciding best interests of the child were broken into two lists – primary considerations and additional considerations. The focus of these lists is on protecting the child from psychological and physical abuse as well as making sure they have proper parenting and support.

Primary Considerations

Primary considerations are the main points that the court adheres to when acting in the child’s best interest. They are:

Additional Considerations

Only relevant additional considerations are taken in account in court, these include:

In summary, the best interest of the child is one of the main components the Court considers in Family Law and it must hold their best interest at the utmost of importance, above that of parent’s and caregiver’s. If there is more than one child, then the court considers what is best for each individual and how it would impact their relationship with each other.

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

I have recently completed my work experience at Freedman and Gopalan Solicitors. I am extremely grateful for the past few days, and I am definitely pleased that I chose to come to Freedman and Gopalan to complete my work experience. I made the decision to come to this Law firm as I have wanted to study law and become a lawyer one day for as long as I can remember and new that when I was given this opportunity, I would jump at the chance to see what being a lawyer is really like and if it really is what I want to do.

Throughout the past 4 days I have learnt a lot about how things work around law firms and the amount of work that goes into everything that happens. I completed simple tasks such as archiving, creating chronologies, scanning and destroying and writing a long list of law related articles. Despite seeming like a something small, I learnt that each task that needed to be completed was extremely vital in ensuring all cases and the firm ran smoothly. I definitely enjoyed everything that I did and especially enjoyed reading through each of cases as they definitely gave me an insight into the types of things I might encounter when undertaking a career in law. Despite their being a large range of cases that the firm deals with, all of them intrigued me immensely as I was curious as to how and why things happened and felt eager to be a part of the process.

When starting my time at Freedman and Gopalan, I was definitely nervous but excited at the same time as I wasn’t sure what to expect and how I would feel after my last day. Its safe to say that I shouldn’t have been that nervous as immediately after walking in, I felt extremely welcome and comfortable to begin learning and helping out. The entire team are all really open and friendly people who didn’t hesitate to help me when I was unsure of something, and I am most definitely going to miss getting to learn new things from everyone at the firm.

Overall, I am undeniably pleased with the time I have spent with the staff at Freedman and Gopalan and I am immensely grateful that everyone was willing to let me spend the past 4 days here despite having a long list of tasks to complete each day. If ever given the chance again, I would happily come back to Freedman and Gopalan. Although it was only a few days, the limited amount of time that I spent here was eye-opening and helped me decide that I would love to continue studying and one day pursue a career in Law.

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

Dispute resolution is how disputes come to an end. There are a variety of types of dispute resolution that can be used for a variety of situations, including Mediation, Arbitration and Litigation.

Mediation involves a third party who will help resolve the issue and help them come to an agreement. An arbitrated outcome is where an arbitrator court will decide how the dispute will be resolved and will enforce a binding decision on the parties. A successful dispute resolution team will ensure that they do whatever is necessary to help the parties come to an end with the disagreement. The team for dispute resolution will need to make sure they are all aware of the details of the situation and that they are willing to help out.

There must also be a well-set plan that can be used throughout the resolution process, this will ensure that the process runs smoothly, and everyone is aware of what is happening throughout the period of the dispute. Everyone needs to be aware of the agreed upon strategies that must be implemented into the practical action plan that will make all components of the process clear and easy to follow. The team must also be confident in what they are doing to avoid the risk of any errors that could occur within the process. Everyone must also be willing to seek common ground and find a middle ground where it will be the most practical for cost and time, as well as keeping the tone of the negotiation focused on resolution rather than fault-finding and complaining to ensure momentum towards a solution. These factors will all ensure that the dispute resolution process runs smoothly and effectively to allow for the outcome to be easy to achieve for all involved.

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

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