Mittu Gopalan was delighted to partake in the 3rd Annual Navzad Memorial Foundation Fundraising Gala Event on 10th November by donating a beautiful and original painting to be auctioned off. These funds will go towards brain cancer research, awareness and education, in the loving memory of Navzad Engineer.
It is through the strength of our communities that we can strive to make a difference and a change.
To learn more about the Navzad Memorial Foundation, please visit their website.
We are pleased to announce that Freedman & Gopalan has been short-listed as a Finalist in the Lawyers Weekly Women in Law Awards, in the category of:
Boutique Diversity Law Firm of the Year
We take this opportunity to congratulate our clients for this honour and our team for being part of our success!
We especially thank our loyal clients for their incredible ongoing support and their appreciation of our commitment to delivering a personal and high quality service.
The Women in Law Awards recognise female legal professionals who have demonstrated strength and excellence in their field. Lawyers Weekly editor Emma Ryan has said:
Being a woman in the business of law isn’t always easy; however, these finalists represent all of those who have broken down the barriers, challenged the status quo and enhanced the practice of law in Australia for the better. They have gone to incredible lengths to demonstrate exceptional performance in their respective areas of expertise, as well as made an outstanding contribution to their organisations, clients and the community at large.
We are extremely pleased and humbled to have made it this far! Stay tuned; the final results will be announced on Thursday, 22 November 2018.
Thank you all once again!
Recently, the District Court of NSW ordered a solicitor to pay costs to their client. The solicitor Grace represented the Plaintiff, Bennie from 1999 to 2009 in a dispute with the State of NSW. Bennie, a police officer, had informed on another officer engaged in criminal activities, and in 2009 was awarded $2,236,408.00, plus costs.
However, it was when the costs were assessed that this sum began to shrink. More than 6 years after the judgment in 2009, the total bill was reduced to $1,534,234.59. Bennie had already paid more than this amount to his solicitor and Mr Grace was forced to repay $186,141.00.
Subsequently Mr Grace brought proceedings to avoid payment. The District Court did not decide in his favour and ordered that he pay $187,452,34, plus interest from 2009 and the costs of the matters. This could add up to over $500,000.00.
What was already a costly, 10-year litigation against the State of NSW has amounted to a two-decade dispute in which Mr Grace has not received remuneration. This case shows most of all the utmost importance of resolving legal disputes in a timely and cost-effective manner.
Firstly, we take this opportunity to recommend that any cost dispute should be addressed as soon as possible so that issues in relation to facts and outstanding costs matter can in fact be resolved at the earliest with either party being in a position to address the concerns and issues without the time lapse scenario. As outlined in every Tax Invoice issue by a legal firm it would be most prudent if the legal costs are challenged or disputed and a cost application bought at the earliest.
If you have any questions or concerns, please do not hesitate to contact us on 02 8917 8700. We shall endeavour to revert to you at our earliest.
The list commonly known as the ‘airport watch list’ (although it also applies to international travel by sea) is used by the authorities to prevent the unauthorised removal of a child from Australia.
Children in Australia cannot leave the country without the consent of their parents, and children subject to ongoing parenting proceedings also cannot leave without the consent of the other party or a court order, according to sections 65Y and 65Z of the Family Law Act 1975. Child abduction in breach of these sections is punishable by imprisonment of up to 3 years. If the child’s name is placed on the Family Law Watch List, the departing parent will be stopped and not allowed to leave.
To place a child’s name on the list, one must apply for a court order and if successful, present this order to the Australian Federal Police who can enforce at all international departure points. In granting the order, the Court would consider the best interests of the child, and whether there is a real and immediate risk the child will be removed and not returned to Australia. Also, the order can be unconditional (barring all travel) or dependent on certain conditions being met.
Once a child’s name is on the Family Law Watch List it will remain there until they turn 18, unless limited to a shorter time period. Many names remain on the list long after the threat is gone and failing to apply for a Discharge Order to remove a child’s name can have unintended negative consequences. The children who were once protected under the order may be caused inconvenience and distress if they begin to travel internationally as teenagers, for example on school sports trips or with friends after their HSC exams.
Apart from the Family Law Watch List, another possible solution is to apply for an application under section 67ZD to have the passport of the child and any other concerned person delivered to the court.
If you are concerned about your child’s overseas travel, or you have any queries relating to the issues raised by this article, please do not hesitate to contact us on 02 8917 8700 or fill out the enquiry box and we will get back to you ASAP.
What is Domestic Violence? Domestic violence is referred to being violent, abusive or intimidating behaviour in a relationship and includes social, physical, financial, sexual, emotional and mental violence. It does not have to occur within your home as long – as it happens within a relationship, it is deemed and classified to be a ‘Domestic Violence.’
Such an act occurs when someone close to you has the power and control over you and this control/abuse can be expressed in different ways.
Physical abuse:
This is where the perpetrator is hurting victim physically.
Emotional abuse:
This is when someone is emotionally abused and attacks your worth and independence.
Financial abuse:
This is when someone controls your finances and ensures that you are financially dependent on them in a manner you are always obliged to ask them for money. This is also classified as a form of domestic violence.
Social abuse:
This abuse takes place when someone insults or humiliates a partner in front of other people and ensures that the victim is isolated from family and friends and is controlled in what he/she does.
Spiritual abuse:
This form of abuse involves the perpetrator preventing the victim from having his/her own opinions about religion, cultural beliefs and values. This also includes manipulating your thoughts on spirituality in order to make the victim feel powerless.
Do you know someone who is undergoing domestic violence and what can you do about it?
Always reassure the victim that he/she can leave where he/she feel unsafe and that it is urgent that the victim talks to someone who he/she can trust such as a friend, counsellor or social worker. They should talk to the police if they feel unsafe and if their life is in danger. The police are there to protect them.
Kindly also advise the victim to reach out and obtain advice from either their solicitor or call 000 or 1800 RESPECT. Translation services are also provided via 13450 number. Please also check out your rights at www.domesticviolence.nsw.gov.au, phone:1800 656463 (NSW). Kindly remember that if you are a victim, you do not have to put up with the situation believing that you do not have a choice. You do have a choice and at no stage does one need to succumb to these excruciating circumstances.
We are all aware of the recent death of Ms. Kaur at her Glenwood home on 15 January 2018. Her husband Mr. Jagdish Singh was subsequently charged with murder. It was only upon the police investigating the matter, did the unfortunate domestic violence incidents relating to the family become public knowledge. If the community members, family members or friends had in fact known to help Ms Kaur and reach out, maybe her life could have been saved.
If you are aware of anyone or if you are undergoing domestic violence, please contact the emergency hotlines outlined above.
Please also do not hesitate to contact Freedman & Gopalan Solicitors at 02 8917 8700 in order to discuss the situation. All discussions held will of course be kept confidential and you do not have to feel obliged at any stage to put up with it for the sake of family or community.
In the coming weeks the NSW Parliament will debate new laws that would create a new strangulation offence, in an effort to reduce domestic and family violence. Non-fatal strangulation is a key indicator of a fatal attack, with one in four domestic murders preceded by strangulation.
The NSW Crimes Act (1900) already contains two strangulation offences, however less than half of the prosecutions under these laws result in convictions. Under section 37 of the Crimes Act 1900 (NSW) the offence of choking, suffocating or strangulating carries a maximum sentence of 10 years, but first it must be proven that the victim was rendered unconscious or unable to resist, or that the strangulation occurred in the course of an indictable offence, such as sexual assault. Due to this high threshold, many strangulation incidents are prosecuted under section 61 as common assault, which carries a maximum sentence of 2 years.
The new law would only require non-consensual and intentional choking, strangling or suffocating and it would carry a maximum sentence of 5 years.
This new strangulation offence is easier to prove and would mean less strangulations prosecuted as the lesser offence of common assault. It would also be a red flag to authorities regarding future violence when considering ADVOs and granting bail.
If you have experienced domestic or family violence, or have any queries relating to the issues featured in this article, please do not hesitate to contact us on 02 8917 8700 or fill out the enquiry box and we will get back to you ASAP.
Recently an article written about our Principal, Mittu Gopalan, was featured on the Sydney Morning Herald. She has received an outpour of support and is grateful for the kindness shown by so many people in the Australian community. The article has now been featured all over Australia and we are thankful of the continued support.
The article was written by our very own Maneesha Gopalan! A heartfelt and well-written piece on the effects words can have on one’s self-worth, and the effects racism still has in Australian society.
Recently, we had the pleasure of hosting year 10 student Hemisha, for her work experience. We thoroughly enjoyed having her and her enthusiastic personality around the office. Read below for Hemisha's experience at our firm in her own words.
"This week I embarked on my Year 10 Work Experience at Freedman and Gopalan Solicitors. Upon entering the workplace I had certain expectations and Freedman and Gopalan exceeded these expectations. They greeted me with kind, caring staff members who were ready to help at a moment’s notice and truly made me feel welcome at this prestigious law firm. This week I filed, archived, attended court, scanned and collated documents and assisted secretarial staff. I learnt many new skills and made plenty of new friends. I learnt how to destroy files, archive, use programs, conduct myself in a professional and appropriate manner and come to terms with the city around me.
The reason I chose to do my Year 10 Work Experience at a Law Firm was because I have an interest in legal matters and was still unsure if the path of becoming a lawyer was what I truly wanted to do. I embarked on this week with trepidation and curiosity and now finally after concluding my work experience and spending the last 5 days at Freedman and Gopalan I have decided that I am still unsure about becoming a lawyer. However, this week was very insightful into the everyday life of a lawyer and has cleared my doubts and perceptions I had in place before entering the workplace. I’ve learnt that the life of a lawyer often follows a schedule but is often unpredictable as well. I’ve learnt that becoming a legal representative means you deal with people from all walks of life and that sometimes you put must put your personal views aside for the benefit of a case.
I had multiple surprises this week and was lucky enough to attend court twice, once for a criminal and the other for a family court matter. One surprise for me this week was how friendly and welcoming the staff at Freedman and Gopalan were. Both the criminal and family courts were very different and similarities between the two were stark. The atmosphere of both courts was subdued and serious and a contrast between the two courts was that they both had different court proceedings. The criminal case I viewed was a mention compared to the interim hearing of the family court. The mention featured a magistrate and the interim hearing, a judge. In the interim hearing there was also a court officer, a transcriber and a trainee judge, a very rare sighting which I was lucky enough to see.
Overall, my week at Freedman and Gopalan was a pleasure and I was lucky enough to have been accepted for this opportunity at their firm. I thoroughly enjoyed my time and would recommend to anyone looking for Year 10 Work Experience to apply at Freedman and Gopalan to experience the life of a lawyer, meet their caring and charismatic staff that made me feel like a part of a team and for the new experiences and skills that I got to learn."
Recently, there were incidents where a wife, along with her boyfriend, were found guilty of murdering her husband. The incident took place in Melbourne, the wife having been torn between the two men in her life and proceeded to choose her boyfriend and made plans with her boyfriend to poison and murder her husband. The boyfriend, Mr Kamalasanam, and the wife, Ms Sam, were sentenced for Mr Abraham’s murder by the Victorian Supreme Court as of 21 June 2018.
Ms Sam has been jailed for 22 years with a minimum of 18 years before parole can be obtained. Her boyfriend, Mr Kamalasanam, has been jailed for 27 years with a minimum of 23 years before parole can be obtained. The husband, having been poisoned with cyanide in his drink, would have had an excruciating death, the Court noted.
This murder could have been avoided if the wife had asked for a separation and divorce.
Another incident that took place in Bega, New South Wales South Coast on 22 June 2018 was a severe bullying situation.
A year seven student was thrown to the ground by her attacker, a thirteen-year-old classmate! The teenage girl was punched in the face, thrown to the ground by her hair, and repeatedly kicked. The footage was captured on a mobile phone by another student, who filmed the attack but failed to intervene or stop the attack.
The victim is suffering serious injuries that were caused to her face and body. Her attacker was charged by the police for assault occasioning actual bodily harm and intimidation with intent to cause fear or physical harm. The attacker has been granted bail but has been Ordered to appear at a Children’s Court next month.
A common reason why a child becomes a bully is because he or she lacks attention from a parent at home and lashes out at others for attention. This is a learned behaviour that can be unlearned. To help a child stop bullying, ask him or her to talk to a teacher, a guidance counsellor, or other school officials. An appropriate doctor could also help to an extent.
These incidents confirm that people fail to give consideration to the actual “human life.” It makes us question our values and respect the rights of every individual and to understand and accept our own value, and cherish our own right to life, the freedom to be protected and to protect the intrinsic value and potential of every individual, making absolutely no discrimination whatsoever. Spheres of human value encompasses morality, human traits, human endeavours and social order.
If you believe that you have an issue or know someone who is facing an issue or has an issue they would like to be addressed, advise them to seek appropriate and relevant counselling. For example, if they’re facing issues relating to marriage, they should be then seeking help from marriage counsellors. If kids are encountering issues relating to bullying or self-confidence, they should be speaking with their social counsellors at school to be guided appropriately, or their parents should ensure they are taken to their local GP to make a referral to the appropriate entities/organisations who can guide them.
Any issue that a parent sees, or a friend or partner observes in another person should be addressed as early as possible, and any issue that you believe you might have can have a right and proper solution, rather than you believing that you have no other choice and adopting drastic measures.
We can ensure that your future continues to be secured and appropriate remedial actions are undertaken at each juncture.
Please do not hesitate to contact Freedman & Gopalan Solicitors if you wish to discuss any legal issues to arrive at a proper solution that is legally fit for you and family.