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.

Swimmers have been caught at a crossroad regarding the recent debate over transgender athletes competing in women’s events. The International Swimming Federation concluded that the transgender female athletes who have transitioned after the age of 12 will be excluded from competing in female swimming events. Athletic performance is heavily determined by sex, with males out-performing females in almost all categories, including swimming. Many view this policy as discriminatory and offensive, whereas others view it as a scientifically accurate decision, made to benefit cisgender female athletes as well as transgender athletes.

FINA president Husain Al-Musallam said, “We are faced with such a delicate balancing act, we have to protect the rights of all our athletes to compete, but we also have to protect competitive fairness at our events, especially women’s competition and also the past record and achievement of the women.” Al-Musallam announced that swimming will be the first sport to introduce an open category, where anybody regardless of their gender identity can compete at an Olympic level.

Many Olympic swimmers have come forward, announcing their stance on this divisive topic. Olympic champion Cate Campbell publicly voiced her support for the FINA policy. “Believe me, I have wrestled long and hard with myself, with what to say and do. I am aware that my actions and words, no matter what I say, will anger some people — whether they are from the trans-community or from the cisgender female community.” Campbell said in her speech. “However, I am asking everyone to take a breath, to absorb before reacting. Listen to the science and experts.”. Other female Olympic champions like Summer Sanders and Emily Seebohm have voiced their support of the policy, claiming that it is inclusive of transgender individuals by giving them an opportunity to compete in the sport.

Former Australian swimmer Madeline Groves responded to Cate Campbell’s speech on Twitter, chastising her decision to support the discrimination of transgender individuals. “So you ban them from competing with their peers? You’re okay with ostracising an already marginalised group? Real accepting.” Groves tweeted. “Shame on everyone that supported this discriminatory and unscientific decision.”

The International Swimming Federation concluded that transgender female athletes who transitioned before the age of 12 would be excluded from competing in their events due to their biological advantages. However there is already speculation that the policy will be challenged by legal experts around the world due to the discrimination within the conditions of the policy.

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.

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.

When young workers are trying to fight for their basic work right of being paid, it is sadly a lot harder than it first might seem. The first and most basic problem is their inability to speak up. Some young people are just shy while others are here on a visa and are afraid of jeopardizing their current job.

Another problem is the expensiveness of the process. Since the amount that they are fighting for is not high, even when they win the case, they don’t gain any profits because of the price of the whole process. This is called a pyrrhic victory.

Another downside to the process is the complexity of it. To some people, it can seem hard to understand and is way too much effort for them to undertake. It is also hard when the court orders for the person to be paid but it still goes unpaid, and many people do not know what to do after that.

To help resolve this, Sharmilla Bargon, coordinator of the Employment Rights Legal Service, suggests that the Federal Government should create a small claims tribunal that deals with cases like this in a simple and affordable way. However, for now the best way for young people to deal with this situation is to speak up as soon as they notice any unpaid debts but there is still a long way to go in resolving this issue.

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 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.

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