When a couple separates, everything that has been accumulated throughout the duration of their marriage has to be divided.  There are laws to guide and regulate how everything is to be divided between parties. When it comes to dividing superannuation accumulated during the marriage, this law is known as the ‘Superannuation Splitting Law’. The superannuation splitting law treats superannuation as a different type of property. It lets separating couples value their superannuation and split superannuation payments, although this is not mandatory.

Splitting does not convert it into a cash asset – it is still subject to superannuation laws (for example, it is usually retained until retirement ages are reached). This is because superannuation is different from other types of property as it is an asset that is held in trust. Therefore, the superannuation trustee controls the assets of the superannuation fund making the process to transfer, divide or adjust superannuation slightly different to the process adopted for assets such as bank accounts, cars or real estate.

The process to split superannuation begins with obtaining valuation information. This involves providing forms to the trustee of the superannuation. It is important to note, that the couple must tell the trustee about the orders they are seeking. The trustee must have an opportunity to consent/object to the orders that you are seeking. From this, the separating couple needs to decide a method of splitting as mentioned above. The last step to legally split superannuation, parties may either enter into a formal written agreement, seek consent orders by consent of both parties through filing an Application for Consent Orders to the Federal and Family Court or seek a court order as a result of a Court Hearing. The route that a separating couple chooses to take should be decided based on legal advice and their own boundaries or preferences.

Splitting superannuation can be a complicated and arduous process. However, it can be made easier through consulting an experienced family lawyer who can help you better understand the process and any 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.

In a day and age of technology it is now possible to extract sperm from a dead man’s body, and it occurs more than you would think. The process of taking a dead man’s sperm might be possible but there are serious legal and ethical questions that surround the process.

In the case of a sudden death in a relationship that is trying to have children, there is now a chance for the living partner to extract the sperm from the dead man to use to fall pregnant. This may seem very out of the ordinary, but for a grieving partner having the possibility to still be able to have the children of their dead partner can be very comforting. The idea of this process, whilst being appealing to some, has raised serious questions for others. The main issues are the lack of consent, the man not being able to raise his child and issues that the man’s family might have with the process.

When it comes to the issues with extracting a dead man’s sperm one of the main questions asked is regarding the lack of consent from the dead man due to his inability to consent to the process. In the eyes of the law there is no need for consent to be expressed if the couple have genuinely talked about and planned to have children. In recent cases, parents of the dead man have expressed issues with the man not being able to father his own child and whether this should be allowed to occur. Parents have stated "I believe that [name of partner] would not have wanted a child brought into this world if he could not be there to raise it".

When looking back on cases in which woman have successfully extracted their late partners sperm, it has been found that very few actually go through and conceive a child with the sperm. This is due the fact that for the first stage you have only 36 hours to extract the sperm and so this is an emotional and rushed process, this often leads to later on the woman reconsidering with more time to think about the actions.

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

Generation Z, defined as people who were born between the years of 1995 and 2009 have been making a significant impact on workplaces and the way that people look for jobs. Gen Z is known for seeking purpose and value in everything that they do, and seeking to make an impact on the world, which contrasts from the earlier generations who simply did their jobs for the money and left, apathetic towards any negative effect of their jobs. Another defining trait of Gen Z is their sense of confidence and self-empowerment, evident through a Mcgrindle study that showed that 86% of Gen Z children plan to become an entrepreneur in the future.

Despite Gen Z not doing jobs only for money in comparison to older generations, they have much higher expectations than the older generations do. Grant Robson, Vice President of Sales at graduate recruitment company GradAustralia, says that “employers were in the driver’s seat 4 years ago, but not anymore, the ball is in Gen Z’s court… This current generation has figured out … they’ve got more authority to start asking: ‘what can you do for me?’” A study showed that in 2019 the salary was the 6th most important factor for graduates looking for a job but in 2021 it is ranked second sitting behind the work itself. However, salary isn’t enough, Manon Te Riele who works in the cyber security division says that she has watched a significant amount of her workmates leave their jobs because they felt that it wasn’t “contributing to the greater good” and that they want to feel like there’s a point to what they’re doing.

The growth of new apps and financial opportunities has led to Gen Z stop applying for traditional jobs and start flooding into newer career opportunities. Although conventional careers such as medicine and law are still popular, there are significant numbers for students who are interested in being project managers and working on ethical, sustainable, or socially conscious projects that can benefit the greater good. Rather than having regular questions like “how do I write a good resume” Generation Z tends to think more about how to build a career that they love and that serves a purpose.

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

Buying a house in Australia can be a difficult and complicated process, but when it is broken down into steps it can be simplified.

To start the process of purchasing a home you should assemble all your professional associates. Your professional associates include:

    1. A conveyancer/solicitor
    2. A mortgage broker
    3. An accountant/financial planner, and;
    4. A real estate agent.

The next step when it comes to buying a home is to seek pre-approval for any loans that you may need. When you seek pre-approval, it means that you are ready to purchase at any time. Houses often have a ‘short shelf-life’ and so having your loans pre-approved, ensures your bidding position.

Once you have completed the preliminary preparation process, the search for a perfect home can commence. Searching the market using a range of sites and agents helps you to locate a property of your interest.

If you have found a property for you, the negotiation process can begin. Negotiations can vary from property to property and hence the reason why it is important to have your professional associates working with and for you. This is where your conveyancer/solicitor proves their worth, your conveyancer will cover all contract matters and legal matters that surround the purchasing of the property.

With the price having been agreed upon it is now time to finalise the contract and pay the deposit, for this to occur you must finalise your formal loan approval to ensure that you are able to pay. It will be essential to forward the sale contract to the mortgage provider.

Your mortgage provider and conveyancer will then proceed to finalise your contract and the matter will proceed to a settlement, before the property is transferred to your name.

If you wish to discuss any legal issues regarding the same, please do not hesitate to contact our offices on (02) 8917 8700.

There have been a number of incidents around Sydney where customers have taken to social media to complain about restaurants adding 10% or more to their bill, just because they are shopping on a weekend or public holiday. Questions were being raised about the legality of adding a surcharge on the weekends and the answer is that it is completely legal, so long as the customer is aware, to raise prices due to it being a weekend or holiday, and there is no limit as to what this extra cost can be. The surcharge must be prominently displayed on the menu and must be no smaller than the smallest text on the menu.

The main reason for restaurants charging extra on such days is because employees typically get paid more on the weekend, with the average rate in Australia being 150% (time and a half) on Saturdays and 200% (double time) on Sundays, and a rate of 275% (double time and three quarters) on public holidays. Restaurants may need to make this money back by increasing their prices for the days those employees are getting paid more.

The Australian Competitor and Consumer Commission says that the one rule for when business want to charge a surplus on weekends or holidays, is that they can’t hide the surcharges on the menu. "Restaurants, cafes and bistros that charge a surcharge on certain days do not need to provide you a separate menu or price list or have a separate price column with the surcharge included," says the ACCC "However, the menu must include the words 'a surcharge of [percentage] applies on [the specified day or days]' and these words must be displayed at least as prominently as the most prominent price on the menu."

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 child expert is a psychologist or social worker who specialises in children and family issues and have major influence in courts as they are often called to testify to the safety and wellbeing of children, usually in and after divorce proceedings. Child experts can also be asked to make a judgement on the possible wellbeing and safety of children of people who are intellectually disabled.

If a child expert is called to report to the court on a child of an intellectually disabled person there can be an inherent bias and unfairness to their judgement. This unfairness and bias is due to a lack of knowledge on their capabilities, as well as unfair assessments of parenting due to disabilities. These factors can lead to children being taken from their parents unfairly, limiting access to justice due to discrimination. Luckily, these unjust biases can be reformed with the education of child experts on intellectual disabilities and the role that they can play in effecting parenting.

Currently the University of Sydney in partnership with other organisations are conducting a study that aims to increase disability awareness among professionals working in care and protection and to improve their knowledge and skills to engage with parents with intellectual disabilities. This study could have major differences in the children’s court when it comes to matters regarding people with intellectual disabilities. The study aims to combat unfair assessments of parenting abilities, leading to fair judgements by the court that take into consideration all factors in each unique situation.

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

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.

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