'Brooki Bakehouse' is a popular bakery in Brisbane which has gone viral across social media platforms for their range of pastries and treats, along with their unique Instagram and TikTok content centred around topics such as 'A Day In The Life of a Bakery Owner.' Brooke Bellamy is the founder and owner of this popular bakery, however, she has been accused of plagiarising the recipes in her recently published book, 'Bake With Brooki.'

Nagi Maehashi from RecipeTin Eats is one of Australia's most respected food bloggers, and she has come forth claiming that her recipes have been stolen by Brooke, who then incorporated it into her book, 'Bake With Brookie.' In a statement on her website, ‘RecipeTin Eats’, Maehashi said two recipes in Bellamy's bestselling cookbook ‘Bake with Brooki’ were far too similar to recipes she had previously published, being her recipes for a caramel slice and baklava. Maehashi posted side-by-side screenshots of the ingredients, quantities and instructions from the two books, which gained enormous traction and backlash on social media. She said the similarities between the recipes amounted to plagiarism however, lawyers for Penguin Random House Australia - the publisher of Bellamy's book - have rejected her claims and said all recipes were written by Bellamy.

What Legal Action Can Maehashi Take?

Maehashi claims that the similarities between the recipes amounted to plagiarism, but Professor John Swinson from the University of Queensland has stated that plagiarism isn't a legal claim, so she cannot sue for this. Additionally, Associate Professor of Law, Vicki Huang from the University of Queensland, has also stated that plagiarism isn't unlawful but rather, is regulated by social and industry norms. However, there are still consequences of plagiarism, stating "there can be reputational harms within an industry for copying or plagiarising other people's work."

Additionally, Maehashi has also claimed that she was not given credit for her recipes. Under the Copyright Act 1968 (Cth), an author's work must be credited. This situation underscores the complexities that can arise in the publishing industry and the different approaches parties may take in resolving disputes. Maehashi's experience highlights the potential challenges authors can face when dealing with large corporations and navigating legal processes

In a significant move to address the pervasive issue of domestic violence, the Coalition government has pledged a $90 million package that includes the creation of a national register for offenders and the criminalisation of technology-facilitated abuse. Peter Dutton, drawing on his experience as a former police officer, announced the suite of measures aimed at bolstering the decade-long national plan to end violence against women and children.

Acknowledging the "lifelong impact of these horrific crimes," Dutton emphasised the urgency of the situation, echoing the national cabinet's previous commitment of $4.7 billion to tackle the emergency. A cornerstone of the Coalition's strategy is the establishment of a National Domestic Violence Register. This database would enable police and relevant agencies to access and share crucial information regarding an individual's history of family violence convictions, although it would not be publicly accessible. The Coalition government argues this will enhance information sharing and improve responses to potential threats.

Furthermore, the proposed package includes the creation of new domestic violence offences specifically targeting the misuse of mobile phone technology. This initiative aims to criminalise the use of phones to threaten or track intimate partners or family members, explicitly addressing the growing concern around perpetrators utilising spyware and engaging in coercive control through digital means.

This $90 million strategy represents the Coalition's long-awaited comprehensive plan to combat domestic abuse, signalling a determined effort to strengthen legal frameworks and provide law enforcement with enhanced tools to protect vulnerable individuals. Although while information is still emerging, amendments to legislation are yet to be recognised.

Pets are considered property and a shared asset in the eyes of the law, however, they are not mentioned in the Family Law Act 1975.

In most cases, the Courts will make an Order and award a pet to either party in the same Order that lists other personal property. Because the Family Law Act has yet to distinguish pets from property, they will make decisions regarding pets in the same way they might consider any other family asset.

The Court will consider a range of factors including:

Some couples choose to predetermine their financial position at separation, also known as a Binding Financial Agreement. This legally binding document outlines how assets, including pets, would be divided if the relationship ends.

Mediation is another valuable pathway and can be incredibly helpful by making couples work out ownership issues amongst themselves. If a couple cannot come to an agreement there are a few principles the Courts will apply. For example, it can be as simple as who wants the pet more.

It is important to note that there is not a formal or court-ordered custody arrangement for pets. Every case is unique and poses its own challenges, and outcomes can vary depending on your individual circumstances. If you are struggling to come to an agreement with your ex-partner, mediation is always recommended. At the end of the day, any decision you make regarding pet ownership should always prioritise your pet’s best interests in the long run.

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

As election season ramps up, many Australians find their phones buzzing with text messages from political parties and candidates. These messages bypass the usual protections against spam through specific exemptions in Australian law.    

Political parties and their representatives operate under a different set of rules when it comes to electronic communication. Unlike commercial entities, non-commercial phone calls, emails, and text messages from registered political parties are largely exempt from the Do Not Call Register Act 2006 and the Spam Act 2003. This means that even if you have registered your number on the Do Not Call list, political parties can still legally send you unsolicited text messages and gather your number from lists including the electoral roll. 

Furthermore, the Privacy Act 1988 also contains exemptions for registered political parties and political representatives when they are carrying out what's termed an "exempt political activity." A political representative, in this context, refers to a member of parliament or a councillor in a local government authority.    

This group of legislation was designed to offer relief from unsolicited, unwanted direct marketing. However, this does not stop the deluge of political spam at election time due to broad political exemptions sewn into the legislation decades ago. 

According to the legislation, an “exempt political act” includes actions or practices carried out for: 

- An election under an electoral law

- A referendum under a federal, state, or territory law

- Another aspect of the political process in which the political representative is involved

This broad definition essentially covers the communication efforts parties and representatives undertake to campaign, inform the public about their platforms, and encourage participation in the democratic process. Importantly, this exemption extends beyond just the party and the representative themselves.  

In essence, the legal framework in Australia prioritises the ability of political parties and representatives to communicate their messages directly to the electorate during crucial democratic processes. While this can lead to an influx of political text messages and emails, it is currently permitted under the existing legislation due to these specific exemptions.  

The University of Sydney has recently announced that students are permitted to use Artificial Intelligence (AI) in their academic assignments. The University's Interim Head of School and Dean, along with 2 former law students, have spoken about the potential implications of this shift on law students’ education and professional development. 

Under its new “sector-leading” assignment policy, the University will allow students to use generative AI tools for their coursework, marking a significant shift from its previous stance on academic integrity, which banned technologies like ChatGPT. 

Starting in Semester 1 of 2025, students will be permitted to use AI for assignments, with exceptions for exams, in-semester tests, and instances where teaching staff opt to exclude its use. 

Some potential advantages benefits of this change include: 

  1. Inclusivity: AI has the potential to promote inclusivity. For example, international students in Australia may struggle to follow class discussions and understand the content if English is not their first language. Accordingly, they may rely on AI to translate or summarise the information for them.
  2. Personalised Help: Students can ask AI generative tools questions or confusions they might have about the content. This is a more accessible mechanism compared to asking their lecturer or tutor directly as some students may be too afraid to approach their lecturers to ask these questions. Hence, AI can increase their ability to understand the content.
  3. Efficiency: AI helps promote efficiency for students conducting legal research by helping them find relevant information and reliable sources. As a result, students can spend more time focusing on the application of legal concepts and principles, which helps build up their skills.

However, others have voiced concerns about allowing AI to be used as it could lead to a range of disadvantages or counterproductive results:

  1. Over-Dependence: Allowing students to use AI can result in them becoming overly dependent on this tool, thereby stifling their ability to think critically, creatively or uniquely. When given an assignment, students may immediately resort to using AI instead of taking the opportunity to attempt to complete the task using their own knowledge.
  2. Lack of Accuracy: AI generative tools often lack the precision and accuracy which other resources, such as university-approved textbooks, offer. As students use AI as a shortcut to learning the content themselves, their knowledge of the course may be surface-level and in some situations, based on inaccurate information or unreliable sources.
  3. Economic Factors: Some AI tools are free, but more accurate and effective models can cost a lot of money. Accordingly, students who can afford to pay for AI models would be in a more advantageous position compared to other students who cannot afford such expenses.

The obligations and rights of parties are outlined in formal agreements through contract terms. Terms can either be express or implied.

 

Express Terms refer to terms which are explicitly outlined in the contract. Generally, written or oral express terms are incorporated into a contract through signature, notice referring to another document containing terms, or a regular course of dealing, whereby terms in previous agreements may be assumed as incorporated.

 

Implied Terms refer to terms which are not explicitly outlined in the contract. Generally, these terms arise in situations where parties do not consider or turn their minds to particular events. Implied terms may be:

 

Parol Evidence Rule

For contracts that are wholly in writing, the Parol Evidence Rule (‘PER’) generally prevents extrinsic evidence from admissibility to the Court. Extrinsic evidence may include statements made and correspondence between parties during negotiations, prior to the contract’s formalisation in writing.

 

However, exceptions to the PER may arise in the following circumstances:

    1. The agreement is both connected, but independent, to the main contract;
    1. The agreement must be consistent with the terms of the main contract.

 

The general example of a collateral contract is inducing a party to enter into the main formal agreement by providing further consideration e.g: a car salesperson promises an additional warranty period if purchase a car and agree to its main contract terms.

 

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 Hague Convention on the Civil Aspects of International Child Abduction addresses international child abduction in cases where one parent unlawfully takes a child to another country despite both parents still having custody rights, or custody is yet to be determined. It provides a lawful procedure to ensure the prompt return of children to the country which they are a habitual resident of.

For the Hague Convention to be applicable, the country which the child has been abducted to must have ratified the Hague Convention. As of 2022, there are 103 countries who have ratified this Convention including Hong Kong, Mexico, Singapore, United Kingdom and United States of America.

The Convention has 2 key aims:

  1. Securing the prompt return of children who have been wrongfully removed or retained in any Contracting State
  2. Ensuring that the rights of custody and access under the law of one Contracting State are respected in the other Contracting State

The Situation in India

Although being a signatory to the Hague Convention since 2007, India has not ratified the Convention.

One of the primary reasons for this is because Indian authorities are concerned that the Hague Convention may not be suitable for India's socio-cultural and legal environment. This is because India has a unique legal system and in particular, their family law is largely governed by personal laws based on religion.

However, this can raise concerns because if a child is wrongfully removed or retained in India, the Hague Convention cannot be relied upon to ensure the prompt return of the child to their habitual residence.

Obtaining Legal Advice

Seeking legal advice can be extremely valuable to help you better understand the Hague Convention, specifically your rights and obligations under the treaty. The Hague Convention contains specific procedures for making and responding to applications, and legal representatives can help guide you through this process and ensure your applications are properly filed.

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

Domestic violence victims can often feel unheard and not helped, both throughout and after their experiences, and often feel like they don’t know where to look to seek assistance. But help is out there, and there are several different programs and organisations that can provide both financial and non-financial assistance to help victims escape their circumstances and begin to rebuild their lives.

 

Victim Services NSW

The NSW Government branch Victims Services currently runs the Victims Support Scheme for all victims of crime, including domestic violence. This includes not only those who have been directly affected, but also those who are affected by witnessing the crime, such as family members. The type of support is primarily focused on financial assistance, providing money to cover any immediate needs as well as covering more long-term economic loss. This service is particularly useful for providing victims with a lump sum Recognition Payment, as well as ongoing financial assistance as and when needed, determined by the individual’s circumstances.

It is important that if you are experiencing domestic violence, you contact the NSW Police Force as soon as you can. Besides helping to stop the violence and ensure your safety, this is one of the requirements to be eligible for Victims Services.

 

Timeframes for Victim Services NSW

It is also crucial to keep in mind the timeframes for applying to Victims Services. For their counselling services, there are no time limits, and you can call at any time after the incident for a private and confidential chat. However, for financial support, you will generally need to contact Victims Services within two years of the incident occurring, or two years after turning 18 if it occurred when you were a child. The exception to this is the Recognition Payment, which you can obtain up to ten years after a domestic violence incident. If you apply after two years, however, besides this one-off payment, you will likely be very limited or unable to receive any other kind of financial support regardless of your need.

 

Other Assistance Programs

There are also a range of programs and organisations that provide other kinds of assistance to those who have experienced domestic violence. White Ribbon Australia works tirelessly to promote several different services, including:

 

Mental  Health Crisis Hotlines

Organisations such as Beyond Blue and Lifeline are more targeted towards assisting people with both diagnosed and undiagnosed mental health disorders. These organisations have 24-hour hotlines, and can help provide over-the-phone advice and assistance to those who are experiencing mental health problems, particularly those suffering from depression, anxiety or suicidal thoughts, and help you take that first step in reaching out and getting the help you may need.

 

Emergency Accommodation – Link2Home

Finally, for those who need emergency accommodation to leave a dangerous or violent environment, there is Link2Home, an NSW Government organisation that provides another 24-hour hotline that can help those in need find urgent accommodation. They specialize in helping victims of domestic violence find shelters or services they may need, as well as anyone experiencing homelessness for any reason.

 

Important Numbers

Some of the hotlines discussed in this article include:

 

Remember – in an emergency, always call 000 for urgent help.

 

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

After a divorce or separation, parties may come to an agreement regarding their property and/or parenting matter, and they can seek the advice and help of family lawyers to aid them in doing so. Subsequently, the parties can have this agreement formalised by way of Consent Orders, which are legally binding documents that have been approved by the court.

Consent Orders can cover a range of matters, including how matrimonial property is to be divided between the parties. Parties may also come to an agreement as to how parenting arrangements will operate, such as by allowing the children to live with the Mother and spend time with the Father every weekend.

Why Are Consent Orders Important?

Individuals must be wary of relying on handshake deals or informal agreements regarding their parenting and property matters because these are not enforceable in court. This means that Party A may unilaterally change the terms of the agreement or refuse to uphold the entire agreement. Unfortunately, Party B would have little means of recourse.

Therefore, Consent Orders are important in formalising the agreement which both parties have arrived at.

What Are Some Advantages of Consent Orders?

  1. Cost Effective - Consent Orders are significantly cheaper compared to litigation. Statistics show that the costs of obtaining Consent Orders are 60%-70% lower than that of litigation.
  2. Efficiency - Courts deal with a significant number of cases, resulting in substantial delays before a final verdict is delivered. Consent Orders allow the parties to prepare an agreed plan between themselves, which they can present to the court for approval.
  3. Flexibility - Consent Orders are flexible, allowing parties to negotiate the terms directly between each other and arrive at an agreement which specifically addresses their concerns or interests.

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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