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.

 

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.

A class action has been launched on behalf of MediBank customers whose highly sensitive health data was stolen during the massive Medibank data breach occurring last October.

What is a class action lawsuit

A class action is a type of lawsuit in which one person brings a claim on behalf of a wider group of people who have been affected in a similar way, or by the same conduct. By grouping claims together and pursuing them collectively, the overall value of the claim goes up, while the cost to each member goes down. Some examples of prominent class action lawsuits and their settlements are BP’s deepwater horizon oil spill of 2010 in which the settlement was 20 billion and the largest settlement being 206 billion within the tobacco industry.

What happened during the MediBank data breach

In October 2022, data from millions of current and former Medibank customers were hacked by a Russian ransomware group that released the information in stages onto the dark web. In what became the largest security breach of its kind in Australian history, the hack revealed the personal details of 9.7 million current and former customers, including 5.1 million Medibank customers, 2.8 million AHM customers and 1.8 million international customers.

What is the class action about and trying to achieve

Law firm, Slater and Gordon, has issued a class action in the Federal Court. Its objective is to seek compensation for people caught up in the October 2022 breach. The claim argues Medibank and AHM failed to take reasonable steps to protect their customers' personal information from the data breach, failed to destroy former customers' information and neglected their legal obligations in collecting, using, storing and disclosing consumer information.

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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