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 Fair Work Act is one of the main pieces of legislation that govern the employment relationship in most of Australia’s private workplaces. It prohibits certain unlawful action in relation to protection rights, such as adverse action, coercion, misrepresentation, and undue influence or pressure in negotiating individual agreements.

On 2 December 2022, the Federal Government’s Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 was passed in parliament. The key changes in this amendment covers a range of areas. In terms of employee contracts, the Act ensures that there is no secrecy over pay, limits the use of fixed term contracts and expands on multi-enterprise bargaining provisions. Therefore, as of 7 December 2022, pay secrecy clauses will have no effect and it will be illegal to include such clauses in future contracts. Additionally, as of 7 December 2023, it will be unlawful to offer fixed or maximum term contract for terms of two or more years unless an exception applies.

For employees, the new laws expand flexible working arrangements by adding to the numbers of grounds that an employee can rely on to request flexible work arrangements.  Employers may face penalties if they refuse to genuinely try to reach an agreement with the employee to accommodate their circumstances.

The Act also helps to achieve greater equality as the Commission now has the power to make equal remuneration orders at its own initiative. Importantly, issues of discrimination and sexual harassment are being addressed as the Act now includes gender identity, intersex status and prohibits sexual harassment in connection with work, with the result that a person who experiences sexual harassment will be able to seek compensation and penalties through the Commission.

It is important for both employers and employees to make note of these changes in order to ensure the protection of rights and a fair workplace environment.

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

Following the protests and radical action taken in response to 22-year-old Mahsa Amini’s death, Iranian authorities are now reviewing the decades long “hijab law”. The law, established in April 1983, four years after the Islamic Revolution mandated all women, including non-Muslims and foreigners to cover their heads and “dress respectfully”. The mandatory hijab law has seen a society declining in mental and social health through a study conducted by the Scientific Association of Psychiatrists. By taking away women’s freedom and individuality, the government is promoting censorship and segregation.

However, beyond the discrimination perpetuated by the law lies the legal issue – what constitutes a “bad or improper hijabi”?  Due to the unclear definition of these terms, the Islamic Religious Police (widely known as the morality police) who enforce the law have different interpretations of “right” and “wrong”. This is seen in the death of Mahsa Amini who allegedly had a heart attack as she was detained at a morality police station. She was arrested for the improper wearing of the hijab, and it is assumed tortured for failing to adhere to the law. After spending three days in a coma, she passed away. The injustice is clear throughout the case as the morality police lied about Amini’s cause of death too. The public demonstrations over her death are the biggest in the Islamic Republic since the 2019 gasoline protests and the hundreds that were killed in the police crackdowns rival that of the 1979 Islamic Revolution.

The public taking a stand against the law has resulted in rising pressure on the Iranian government and the abolishment of the morality police. This step forward is accompanied by the review of the headscarf law which is causing a fissure within the government itself. While reformists like the Union of Islamic Iran People Party call for authorities to “prepare the legal elements paving the way for the cancellation of the mandatory hijab law”, conservatists like Raisi call for mobilisation to enforce it. The call for the law to be rescinded has finally been heard and the world waits in anticipation.

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.

This article is in regard to Scott Morrisons recent scandal – him appointing himself to numerous ministerial portfolios without the publics knowledge.

The use of government inquires ensures that any concern to the public is dealt with in a logical and easy process. The purpose of all inquiries is to establish the facts, find out exactly what happened and why, as well as finding out who may be accountable to then try to learn the lessons that will prevent a recurrence of the events.

The importance and significance of government inquiries is seen in the recent scandal that former Prime Minister Scott Morrison is currently involved in. It was recently discovered that Scott Morrison has secretly appointed himself to 5 ministerial portfolios. In doing this it is claimed that Scott Morrison deceived the Australian public as he didn’t tell anyone about appointing himself to the several portfolios. He claimed that he didn’t disclose the information as he thought it was the best operation for the government during the Covid-19 pandemic which was a situation he said was the worst crisis since the second world war.

This incident has raised several questions about the former prime ministers conduct within parliament. The Governor-general acted on the advice of the government on the day that Scott Morrison claimed the portfolios in the way they went about the situation in not letting cabinet or the general public aware of the change.

A governmental inquiry is extremely useful in this instance as through the investigations that will be undertaken, the questions that need to be answered will be answered with as much detail as possible. The inquiry will ensure that this situation doesn’t happen again as it is something that has caused problems to arise within the government and has also affected Scott Morrisons personal life as his family is being questioned by reporters despite the fact that they would not have anything to do with Scott Morrisons secret appointment to the portfolios.

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.

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