Breaking news from 9 News Australia on Wednesday 9 August 2023  followed the story of a woman who was dismissed from her 18-year tenure at an insurance company, after her employer was unsatisfied with her work productivity and performance while working from home.  What may seem a normal instance of workplace dismissal was made more controversial by the fact that the woman’s employer had been monitoring her laptop activity through logged keystrokes and assessing the amount of work she was doing from home.

Understandably, this has raised concerns from employees regarding their right to privacy in light of employers’ rights.

Is it legal for employers to spy on employees in this manner?

Yes – in NSW, employers can monitor the usage of equipment provided to employees for work purposes. Actions to be monitored can generally include time spent on work-issued devices such as laptops and phones, as well as the content of movements on such devices (i.e. text messages on a work phone). Reports also identify employees tracking location, mouse movements, and capturing screenshots.

How is this data obtained?

With the intention of more accurately measuring productivity and efficiency outside of the physical workspace, employee monitoring software saw a significant rise in demand during the COVID pandemic. The use of such spyware on company-supplied equipment has continued into the post-pandemic era, and concerns arise where the focus of the tool turns to surveillance and control. In most circumstances, employers must also notify employees of the software being installed on work-issued devices and explain what is being monitored, 14 days prior to the installation of such software.

What can employees do to protect themselves?

The key action to take is to check the terms of your employment contract and your workplace policy. These documents are essential as they:

As the panel discussion for the program noted, the increase of working-from-home arrangements and its normalisation during and after the peak of the COVID pandemic has ushered both positives and complexities in how workplaces function. The flexibility offered by work-from-home arrangements enable greater employee engagement and productivity for some. However, issues arise where the benefits are misused and create an imbalance between privacy protections for employees and employers right to enforce a standard of workplace conduct.

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.

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.

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

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.

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.

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