With the overturning of the landmark legal decision that allowed Americans the constitutional right to access abortion, eyes have turned to Australia and questions have been posed as to whether this can lead to similar decisions here.

Currently, Australians have legal access to abortions in all but one state, with South Australia’s laws of access coming into effect in the coming month. This means that the legal system recognises the fundamental choice of abortion, and has decriminalised this act. Similar to how America is now, in Australia, abortion is not a constitutional right, and it is up to the states and territories to have their own laws surrounding access to abortion.

The Australian states and territories have varying laws on the gestation period in which abortion is legal, with Tasmania only allowing abortion in the first 16 weeks of gestation. NSW and Queensland allow up to 22 weeks of gestation before a pair of doctors must rule that it is required. Western Australia allows up to 20 weeks of gestation before a panel of six doctors must deem it necessary. The Northern territory allow up to 24 weeks of gestation before a pair of doctors must deem it necessary. The ACT unlike the other states have no laws about the regarding a gestation period.

Australia’s clear abortion laws has not stopped people fearing an overturning of law similarly to the US, with their decision acting as a reminder of how quickly rights can be taken away. The fact that over the years there have been many attempts from politicians to overturn the access to abortion in Australia leaves Australians with concern that we will follow in the footsteps of the US.

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

Going into work experience, I was naturally nervous and had little knowledge on how a law firm was run and what a workplace environment in the law field was really like. However, after my experience at Freedman and Gopalan solicitors, my knowledge was broadened and my perpetual interest in becoming a Lawyer had only grown more prominent.

Throughout my time here, I was able to participate in clerical tasks such as scanning and destroying file contents, archiving files, and printing out documents, which gave me an insight on what a typical day would be like for a solicitor, as they of course wouldn’t have a case to work on every day. I am grateful to have been given the opportunity to work on a chronology of an ongoing case, as although it is just putting events into chronological order, it also broadened my understanding of the career, and was an extremely interesting opportunity for me to look at a real affidavit and understand the importance of different aspects of a case. By the end of my work experience I had also written several articles on current topics which was beneficial for me to gain a more insightful understanding on these issues, as well as being able to work on my report writing skills.

What made my experience at Freedman and Gopalan Solicitors the most enjoyable was the amazing staff who were extremely considerate throughout my time there. From my first day there, I did not feel ashamed to ask any questions from any member of the staff, who were nothing short of accommodating. Jasmin supervised me for the 4 days I was there, and if it weren’t for her welcoming nature, I would have been much more nervous going into work experience. I also had the pleasure of meeting Mittu, and even in our limited interactions due to her understandably busy schedule, her kindness and professionalism shone through. Throughout my time there, I had the privilege of watching the employees doing the job that I wish to do in the future, and their work ethic was truly a reflection of the company’s award-winning reputation.

Ultimately, I thank the employees of Freedman and Gopalan Solicitors for giving me the opportunity to not only get an experience of what it would be like to work in my dream job, but for also providing me with the utmost care and compassion that a company can offer.

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 an ADVO?

An Apprehended Domestic Violence Order, otherwise referred to as an ADVO, is a court order which imposes restrictions on an individual who has displayed abusive behaviour to their domestic relatives. Domestic relationships can include a marriage, intimate relationships, previous relationship, relatives, living in the same house or relationship-based care however for Aboriginal and Torres Strait Islander individuals, an ADVO can apply for your kin or extended family (e.g., grandchildren, grandparents, cousins, aunts, uncles).

In New South Wales there are three types of ADVOs which can be issued:

Advantages of an ADVO

BOSCAR has reported results from various studies which reflected reports from women stating that there were significant mitigations of the numbers of verbal abuse, stalking, threatening phone calls, or other threats of violence, for up to four weeks after the ADVO had been administered. An ADVO does not count on an individual’s criminal record, however, breaching it is considered a criminal offence with up to two years of imprisonment in the state of New South Wales. Even if there is insufficient evidence for an ADVO to be carried out, the submission will still be retained by the police. Further, ADVOs are available online, meaning the victim doesn’t have to wait for a lengthy court process in order to stop their abuser.

Disadvantages of an ADVO

The breach rate of ADVOs in New South Wales is just under 50%, recording a breach of 5% of Provisional Orders, 9% of Interim Orders and 20% of Final ADVOs. There are cases of women who have ordered for an ADVO, and this has failed to stop their attacker, like in the case of Sharon Louise Michelutti, who relied on the protection of ADVOs and yet was stabbed to death by her husband even after multiple ADVOs were taken out on him.

What to do if you get served with an ADVO

You may give an undertaking to the court swearing that you will withhold from committing that action or you can contest the facts of the ADVO or accept the conditions ordered and not the admissions. It is important to remember that an ADVO does not go on your criminal record. Prior to making your decision it is important that you consider facts like if there is sufficient proof for and ADVO to be administered.

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

When I had my work experience at Freedman and Gopalan Solicitors I was given many different tasks throughout the four days that I was there. Some of the more basic tasks I did were scan and destroy, archiving and delivering packages. These basic but necessary tasks allowed me to understand how to navigate myself properly through an average day at work and get a taste for what my future would be like if I choose this area of work. It also allowed me to get familiar with the technology needed in a job like this. I also worked on writing articles throughout the week. These allowed me to explore interesting current topics and develop my writing skills.

However, my two favourite tasks were completing chronologies and sitting in during a meeting. The chronologies allowed me to see the different factors that are important in a case and how they need to be arranged in order to allow for a simple dissection of everything that occurred. When observing the meeting I got to see where to direct the conversation, what was the necessary information, what steps are meant to be taken when just starting a case and how to deal with these types of potentially emotional situations in a calm and professional manner. Both of these tasks gave me a deeper understanding of the steps that are taken in a working on a case.

I was especially thrilled and lucky to be welcomed by the amazing staff here. I was never afraid to ask any questions and their guidance was very helpful in knowing what to do. I don’t think I would have gotten so much out of the experience if the staff wasn’t as approachable and kind. I was very thankful to have the opportunity to have work experience here and I am grateful for the many skills I learnt throughout the week. This experience has made me even more sure of my path in the future and helped me be less afraid of what my future will look like.

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.

In Australia we have open adoptions. This means that the child will know they are adopted and be supplied with any necessary information on their family and cultural heritage. They are able to keep their given name or names (while still being able to change their last name to fit with the new families last name if needed), identity, language, cultural and religious ties. These should not be put in jeopardy just for the benefit of the adopting parents as it is the child’s wellbeing that is first priority, and all decisions should be made in order to benefit the child.

Adoption is made at a state level which means that the exact ways that adoption is done will differ. The basic steps for all types of adoption across all different states and territories include getting in touch with the relevant agency/department, attending information sessions, creating the relevant documentation, being assessed and trained, getting placed with a child that suits both the adoptee/s and the child and then getting post adoptive support (sometimes provided by state/territory departments).

Once the child is adopted, they are as equal as a birth child. This means they have the same rights and responsibilities, and they will no longer be under the responsibility of the Minster for Communities and Justice.

In order to adopt a child, you must be a resident in Australia, in the right physical and mental state to take on the responsibility of a child, over 21 years old and at least 18 years older than the child.

Once you understand all of this you can decide what type of adoption will be best for your situation. The main types of adoption are:

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.

In Australia, couples must be separated for a period greater than twelve months before being granted the ability to file for divorce. In most cases, separation is easy to define – when a couple first begins living separately, however, in some cases, couples choose to remain living in the same house even after separation, in which case it makes it harder to prove that their relationship is beyond the point of repair. This is referred to as separation under one roof.

Separating under one roof is a common choice for couples. There are a wide variety of reasons why this option may seem the most appealing to them. A primary factor is financial reasons, where one spouse may not have enough money to support themselves or buy their own home, especially considering increasing house prices. Many separating couples could also jointly own their hone and not want to give it up. Additionally, many see it as the best option from a parenting perspective, so that they can raise their kids in an easier, more family-like environment.

When investigating whether two people are separated, even if they live together, courts will consider several factors that are indictive of their separation including their financial aspects, social aspects, sleeping arrangements and intimacy levels. Regarding finances, it is recommended that separated couples living together separate their finances. This shows a lack of interdependence in the relationship. This could involve separating joint bank accounts, removing one another as beneficiaries in a will, superannuation, and bill payments. Another indicator is the social aspect in the couple’s lives. This regards whether they still present themselves as a couple to institutions and looks like whether they continue to attend events together, celebrate festivals together and whether they tell their friends and family about their situation. It is also expected that couples that are separated under one roof sleep in separate rooms and are not intimate with one another.

These factors all must be evident in affidavit statements from both parties. This document must show a clear shift in the nature of the relationship by portraying the above requirements.

Separating under one roof remains to be a common option for many newly separated couples, however, can often be hard to prove. It is crucial for spouses to be able to totally prove their financial, social, and intimate separation in such cases.

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.

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.

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.

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