In the highly unusual circumstances now faced by Australian parents and carers, COVID-19 is having a significant impact upon public services. This includes the operation of the Court and the family law system. For example, there may be situations that arise which make strict compliance with court orders very difficult, if not, impossible.

For instance, compliance is challenged where orders stipulate that contact with a parent should occur at a designated contact centre, which has since been closed due to COVID-19. With the closure of many state borders, separated parents who live in different states may also find it difficult to comply with their shared parental responsibilities. In addition, there may be genuine safety issues that have arisen where parents wish to restrict the movement of a child from one house to another, in order to reduce the risk of that child’s exposure to the virus.

We then ask, what does this mean for you? How does COVID-19 affect your Parenting Orders, and what are your responsibilities in these unusual times?

Attempting to offer some guidance on this issue, the Law Council of Australia has recently published a top 10 guide for separated parents during COVID-19.

According to the guide: -

1. Parents must still meet their obligations where regulated by a Court Order, unless there is a reasonable excuse for non-compliance;

2. If arrangements become unclear or cannot be met (e.g. quarantine, travel restrictions, or because schools are closed), parents must use common sense to find solutions to challenges;

3. If a change in the parenting matter is anticipated, a parent must give the other parent plenty of notice and explanations so that adjustments can be made;

4. In the event that time arrangements with the other parent cannot occur, then parents are required to find other ways to maintain the connection with the child. This could include digital communications;

5. Parents are expected to make accommodations to the other parent, only if these accommodations are possible and in the best interests of the child;

6. Parents should strive to be open in their communication with the other party about the things you will each do in your respective households to limit the child’s exposure to the virus;

7. At this time, more than ever, there is a need for parents to find compromise in the interests of the child, so it is vital for parents to be solution focused and to be respectful and compassionate in all engagements;

8. There is a very high possibility that some people may lose their job or experience a reduction in their income during this period. Therefore, parents are expected to be understanding of the financial position and financial worry of the other parent, and should work together to find a solution;

9. Understanding that this situation will not resolve overnight, the Family Law Council recognises that parents will experience higher levels of stress, which will lead to family conflict. It is advised that parents remain calm and offer compassion when engaging with the other parent; and

10. Parents are encouraged to remember that they are the beacon for their children during this uncertain time.

Whilst we can appreciate that these are unprecedented times, we can expect further guidance to be delivered as more is known about the COVID-19. This creates a problem in itself as the information is constantly changing. Parents are therefore required to stay informed about their legal rights and responsibilities.

If you are concerned about COVID-19 and the impact it is having on your family law matter, please do not hesitate to contact us. Freedman and Gopalan Solicitors continue to be able to advise all clients experiencing family law issues by telephone, and arrangements can be made for video conferencing when appropriate.

Unfortunately, the current COVID-19 situation and the need to self-isolate at home has resulted in a surge of domestic violence incidents where partners in abusive relationships are living in greater proximity to their abusers than ever before. Below are some tips on what you can do: -

  1. If you or someone you know is impacted by domestic violence, you can contact 1800RESPECT which is a 24-hour national sexual assault, family and domestic violence counselling line for all Australians who are at risk or experiencing domestic violence.
  2. Of course, if you are in immediate danger, call 000 for Police or Ambulance.
  3. In NSW, the Department of Communities and Justice can assist you with accommodation. Due to the current situation, there have also been changes made to residential tenancy laws which in some cases allows you to terminate a lease without penalty if you are experiencing family violence. Further information can be found here: -

https://www.tenants.org.au/factsheet-12-domestic-violence

  1. Remember to always stay in touch with friends and family, even if you can only do so via text message or social media.
  2. Should the situation escalate, and you need to contact the Police, you may be able to obtain Apprehended Domestic Violence Order which is a legal document that will protect you from family violence.
  3. Your mental health and wellbeing are important during these times. A list of services and support contacts can be found here: -

https://www.health.nsw.gov.au/mentalhealth/services/Pages/support-contact-list.aspx

If you are concerned about your legal rights in a relationship, whether it be issues relating to domestic violence, property settlement or child custody, please do not hesitate to contact Freedman & Gopalan Solicitor on 02 8917 8700 for advice.

The Australian legal system places a high value on openness and transparency, and the idea of ‘open justice’ is a fundamental rule of the common law. This is why normally we have open courts, where the public and view trials in real life, proceedings may be videotaped for later viewing, decisions, transcripts and other court documents are published and made available to all.

However, due to COVID-19 and the new laws limiting ‘non-essential’ activities outside the home, many court proceedings are taking place over the phone or via video-conferencing. Even most bail hearings are being heard by a Judge in chambers, which means the Judge and the defendant seeking bail will not be face to face.

What effect will this have on the principles of open court, if you can’t just walk into the court room and view the proceedings?

Most courts in NSW have developed a policy in relation to COVID-19. The Land and Environment Court states only court staff and legal representatives essential to the hearing of the matter should attend the courtroom. The NSW Industrial Relations Commission has banned people from attending hearings solely to observe proceedings. The Federal Court of Australia has put similar measures in place but also states that the Court is considering streaming and other methods to ensure the ‘requisite degree of public access to hearings conformable with the open justice and open court principles’. Possible solutions may be sharing the videoconference links so people may join and observe the online courtroom, or publishing transcripts and videos after the proceeding has concluded. This may involve technology unfamiliar to the courts, and may involve some quick and flexible thinking – something we are all trying to do in this rapidly changing times.

Open justice is extremely important, but so is the health and safety of individuals, court officers and litigants. Action has been taken to stop the spread of COVID-19, and as we settle into a period of strict social distancing, we need to consider reviewing the current policies and operations with a view to ‘maintaining open justice, consistent with the current constraints and health advice’ (Supreme Court of New South Wales).

Domestic Violence is a pattern of abusive behaviour through which a person seeks to control and dominate another person. Apart from physical violence, domestic violence includes sexual, emotional, social, spiritual and economic abuse. Domestic violence is an ongoing behaviour that gradually undermines the victim’s confidence and ability to leave the abusive partner. Domestic violence causes physical and psychological harm to a person.

Around the world, as cities have gone into lockdown to stop the spread of coronavirus, the mass efforts to save lives have put one vulnerable group more at risk. Women and children who live with domestic violence have no or much less means of escape from their abusers during quarantine. The victims living with the perpetrators are at a constant risk.

The “Stay at home” would be more like “hell in closed doors” for many and for these victims leaving violent relationships is likely to become far more difficult and dangerous.

While days may seem too long for many of us now, the days are merciless for that encountering domestic violence. The children who got safety and normalcy at school, but who are at home now, being beaten and abused or forced to watch beatings. The horror of the virus is not simply it being toxic but the violent circumstances it creates.

Prime Minister Scott Morrison responded on 29 March 2020 with a promise of A$150million in the form of support for telephone counselling services who address domestic violence, including to 1800 Respect and MensLine. The Prime Minister has acknowledged that for many families, home is not a safe place and more needs to be done to counter the threat.

The law grants police and the courts power to protect persons in need of protection from perpetrators of domestic violence by way of Apprehended Violence Orders or Apprehended Domestic Violence Orders. Breaches of these Orders are a criminal offence and can have serious consequences.

If you are experiencing domestic violence, please do not hesitate to contact 1800 RESPECT (1800 737 732), LifeLine, 13 11 14, or feel free to contact our offices at 02 8917 8700 to speak to one of our experienced lawyers in domestic and family violence matters.

On 2 April 2020, the Australian Government announced a Early Childhood Education and Care Relief Package with payments to be made directly to child care services and early childhood education operators, in lieu of the Child Care Subsidy and the Additional Child Care Subsidy, in order to ensure that childcare and early education centres remain open. The Relief Package is to due to officially commence on 6 April 2020.

As a result of the current COVID-19 epidemic, operators have seen a significant decrease in enrolments and attendance as parents withdraw their children from centres in fear of exposing their children to the virus, as well as financial uncertainty due to the increase in unemployment rates.

The Relief will ensure that the centres carrying out early childhood education and childcare services remain open for the children to attend and greatly assist working parents in particular.

What this means for you:-

  1. Parents who are currently sending their children to child centres are able to continue to do so free of charge, or obtain a subsidy; and
  2. For parents who have withdrawn their children from childcare and early childhood education centres and intend to re-enrol, services are able to waive gap fees payable by returning families.

However, there is are three factors which will determine a family’s level of Child Care Subsidy. See the Department of Education's Child Care Subsidy page and FAQ page to see whether you meet the eligibility test and to learn further information. Options are also available for parents who are currently studying/training, self-employed, looking for work and even volunteering, as well as other positions.

There is a range of government assistance available to early learning and childcare operators, which also includes:

The system will be reviewed after one month, with an extension to be considered after three months.

If you have any queries in relation to the above, please do not hesitate to contact Freedman & Gopalan Solicitors on 02 8917 8700 or send us an email at reception@freedmangopalan.com.au.

The current pandemic is having an enormous impact on Australian families, particularly those who currently have family law orders to follow through.

What is expected by the Court during this unprecedented time?

  1. The best interest of your child is imperative and ensuring the child’s safety and wellbeing should be the priority.
  2. Coupled with each parent’s responsibilities to act for the child’s best interests, parents are still expected to comply with court orders. That being the case, time stipulated for the child to spend with each parent should be followed through.
  3. However, during this unprecedented time, every family’s circumstances are different, and there may very well be situations where parents are unable to comply with court orders. For instance, there may be genuine safety concerns with regards to changeovers or having a designated contact centre which is currently no longer operating.
  4. If able and safe to do, parties should communicate with each other a practical solution to resolve this. The Court has noted that this should be done sensibly and the best interest of your child should be the priority, and each parent are to appreciate each other’s concerns and attempt to revise the current arrangements if need be.
  5. If a new parenting arrangement can in fact be arrived at, even if it is to be adjusted temporarily for the current COVID-19 pandemic, this arrangement should be in writing (e.g. by way of email, text message or WhatsApp).

If you require further guidance in relation to your current parenting orders, please do not hesitate to contact Freedman & Gopalan Solicitors on 02 8917 8700 or send us an email at reception@freedmangopalan.com.au.


The Covid-19 pandemic has plunged the nation into uncertainty on two fronts: health, and the economy.

Thousands of Australian workers had their hours reduced, been stood down, or had their employment terminated, leading to large queues outside Centrelink offices and the MyGov website crashing as demand surges.

As we grapple with the economic complications this pandemic has caused, it is important to understand your rights and entitlements as an employee. What is the difference between being stood down and being terminated? Where do you, as employees, stand? And what options are available to you?

What does it mean to be stood down?

According to Fair Work Australia, “an employer may stand down an employee during a period in which the employee cannot usefully be employed”.

This is usually considered to be a temporary measure and occurs when companies want their employees to return to work eventually.

With COVID-19 causing a significant reduction in the business operations, and also causing a mandatory shut-down of several workplaces entirely, there is the risk of employers rely on their statutory power to stand down their employees.

However, as an employee, you are entitled to know whether your employers actions are justified.

You can only legally be stood down by your employer if you “cannot be usefully employed”. All employees should be given the opportunity to perform any work that is available and which they are capable of performing before a decision is made to stand them down.

What does it mean to be terminated?

Termination of employment can occur when workers are dismissed (fired) by their employer as a result of a breach of contract, or where the company can longer afford to employ them.

Given the financial downturn of businesses during COVID-19, there is the likelihood that a vast majority of jobs will made redundant.

A redundancy occurs when an employer no longer requires an employee’s job to be done by anyone. For example, where a business closes down entirely, all jobs of that employer are redundant.

Where an employee’s job is made redundant, there are the following two options available to you: -

1. You could either be offered suitable redeployment, and if you accept this, you will continue to be employed, with your accrued entitlements occurring; or

2. Your employment may be terminated due to redundancy, in which case you may be entitled to redundancy pay, apart from notice and payment of all your other accrued entitlements.

What entitlements are there for workers who have lost work?

If you have lost your job, been stood down, or if your shifts are significantly reduced, you are eligible for Centrelink’s $550.00 per week coronavirus supplement.

People taking leave from work to care for someone with COVID-19 are also eligible for the government supplement.

If you are already receiving welfare payments this supplement will come through automatically. If you do not already receive welfare, you will need to register through the MyGov website.

If you think you have been unlawfully stood down, or you have an action of unfair dismissal against your employer, please do not hesitate to contact our friendly team on 02 8917 8700 for legal assistance.

Last week we had the pleasure of hosting an ambitious work experience student! Julia, a year 10 student from Cherrybrook Technology High School, showed great skill and ability throughout her week with us. Here is what Julia had to say about her experience with us: -

"As an indecisive person, choosing future job prospects has always been a challenge, with job ideas ranging from becoming a marine biologist to a child-care worker. However, since my discovery of law books centred around criminal and family law, I have been intrigued by the area of law. Despite the little I knew prior to work placement, I was still aware of the large amount of work and commitment that was required to become a lawyer, and I wasn’t sure if I would be able to cope. Whilst elective classes I had at school about law did provide an insight into areas of the legal system and how it functions, it did not fully explain the whole concept of being a lawyer. Thus, when the opportunity of work experience presented itself, I instantly chose to try a law firm as a chance to understand the work behind becoming a lawyer, and the types of tasks they complete. Essentially, I was hoping that this week would provide an insight into the working environment of a law firm and help me decide if this is a career I would definitely pursue.

Coming from a family whose strengths predominantly lie in the financial sector, I’d never had the experience of hearing or trying job tasks outside of that sector. Hence, I was often unsure whether I should pursue a career in which my family was immensely experienced in or diverge on my own path in a sector I knew little about but enjoyed reading about. This question was one of the primary reasons I chose work experience in a law firm, and I have not regretted it.

Through this short period of work placement at Freedman and Gopalan, I’ve able to decide that not only do I want to pursue legal studies, but I’ve gained an understanding as to which area of law I would study. Listening to a call over hearing and writing notes, as well as follow up documents proved to be unique and interesting, something which I was not expecting. Simple tasks such as filing and scanning eventually grew on me, and I began to enjoy the small tasks, even though the scanning took me quite a while to understand. The workplace environment was welcoming and constated the contemporary beliefs of lawyers being extremely serious all the time.

When I first entered the firm, I was beyond nervous, as this would be the week defining whether I would pursue law or choose another sector. But my time and experiences at Freedman and Gopalan proved that law was not only interesting, but extremely rewarding, as demonstrated by one of the hearings I was able to listen to. Other experiences such as researching, writing articles and creating binders are often seen as boring and sometimes painful, but I found these tasks rather enjoyable and relaxing. The attitude I had towards my time at Freedman and Gopalan helped me conclude that law is the career I would pursue, and this experience would motivate me to continue through high school and university.

Throughout my week at Freedman and Gopalan solicitors, I was welcomed by friendly people who were patient and easy to approach. The workplace proved that the concept of lawyers always having a serious demeanour and are intimidating are false, and instead, I was in an extremely friendly workplace.

I have been extremely grateful and fortunate to be able to spend a week at Freedman and Gopalan, and it has been an immensely unique experience, one which I will not forget. The cases I were able to read, the tasks I carried out and the people there, helped me find a solution as to which job career I want to pursue – law. Along with this, the advice which has been provided to me by other workers will undoubtedly assist me in future endeavours, of which I am grateful for. And whilst the whole concept of the law and helping client with their cases seems slightly terrifying, I am sure my studies will develop my skills in this sector. This week has been highly memorable and filled with interesting tasks, and I am sad to be leaving such an amazing firm, but I have thoroughly enjoyed the experience, and am excited to continue my law studies.

-Julia, Cherrybrook Technology High School

And here is what our Principal had to say about Julia: -

"It was a pleasure to have your daughter, Julia, with us between 16 March 2020 through to 20 March 2020.

What a pleasant change it was to have a student who was not only mature, but also very interested, keen and most polite. She mixed with the team extremely well, and was always acting in a diligent and professional manner.

It is evident that she has been raised in a very wonderful household to see how polite and hardworking she is. Obviously, these traits come from within, and our congratulations to you and your wife for having raised Julia into such a fine young lady.

I also take this opportunity to congratulate Cherrybrook Technology High School and the wonderful staff who are also a part of this great result. We congratulate the teachers for their fine job undertaken to ensure that such fine future citizens are moulded.

Julia, my team and I especially thank you for having taken extra care in order to express your gratitude and thanks by not only giving us your kind gifts but such personalised thank you notes touched everyone and was welcomed by all. With the traits that have been inbuilt in you which includes hard work, determination, dreams and gratitude, you will go many places.

We wish you and your family all the very best for your future endeavours, and once again, congratulations to the proud parents. You have every reason to be proud."

-Mittu Gopalan, Principal, Freedman & Gopalan Solicitors

Seven years after the gang rape and assault of a 23-year-old medical student, which sparked global outrage, four out of the six men involved were executed on Friday for rape and murder, a case that led to a series of protests and changes in Delhi’s system to ensure the safety of women.  

The victim was a 23-year-old physiotherapy student, namely Nirbhaya by the press, as she could not be named under Indian law. Six people were arrested for the attacked, but only four were executed. Ram Singh was found dead in jail in March 2013 after allegedly taking his own life. One of the six was 17 at the time of the attack and served the maximum term possible for a juvenile in India, which was three years in a reform facility. The remaining four, Akshay Takur, Vinay Sharma, Pawan Gupta and Mukesh Singh were sentenced to death by a court trial in 2013. The group was hung in the capital’s high-security Tihar prison, the first executions in India since 2015. 

In the months prior to the executions, the remaining four convicts filed petitions in the Supreme Court, pleading to reduce their penalties to life imprisonment. However, the top court rejected their petitions, including a mercy plea to India’s President Ram Nath Kovind. Along with this, a last-minute appeal to have the death penalties removed were also rejected before the executions.   

Nirbaya was boarding an off-duty bus at roughly 20:30 local time on the 16th December 2012 with a male friend after watching a film. While the bus was in motion, a group of men stole the pair’s belongings and proceeded to take the victim to the back of the bus where they raped and assaulted Nirbhaya with iron roads, according to court documents. They also stripped and beat her friend, who they held down during the attack. Both were then thrown out on the roadside to die, but not before the men tried to run them over. Passers-by found the two naked and bloodied, and alerted the police. Nirbhaya died two weeks later in a hospital in Singapore, where she was transferred for further treatment once her conditions in New Delhi was worsening.  

This incident prompted global outrage and led to the creation of new anti-rape laws in India. Protestors had occupied main streets, mostly young men and women, turned up at India Gate in the centre of the city, forcing police to use water cannons to disperse the crowd. Protests continued in Delhi and numerous other cities for two weeks, which was the number of days it took for the victim to succumb to her injuries. In an attempt to stop rising public anger, the Delhi government declared numerous measures with the intention to make the city safer for women, including more night patrols by police, checks on bus drivers and the banning of buses with dark windows. This attack also gave way to a national debate on the treatment of women.  

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