What is mental abuse?

Psychological abuse is often termed as emotional or mental abuse. This is categorised by a person subjecting or exposing another person to a behaviour that may result in psychological trauma, including anxiety, chronic depression or post traumatic stress disorder. The effects of mental or emotional abuse can be painful and destructive, both in short and long term. Survivors often feel it is difficult as they are left to deal with low self-esteem, anxiety, depression and the feeling of helplessness.

What are the signs of abuse?

Possible signs include intimidation, coercion, ridiculing, harassment, treating an elder like a child, isolating either from family, friends or other regular activities, use of silence to control behaviour and yelling or swearing which results in mental distress.

This leads to often the victim ending up with insomnia, low self-esteem, uncooperative and aggressive behaviour, lost of appetite, weight loss, tearfulness and anger.

Who can be an abuser?

An abuser could be anyone. It could be someone you know; someone you work with or someone you live with.  It could be your partner, husband or wife. It could be staff who cares for you, like a nurse or assistants in your home. It could be your family or friends.

Can you charge someone for mental abuse?

Filing a complaint against the abuser in workplaces with the HR department is the right place to initiate your complaint. However, it is a difficult process for a victim. Additionally, it could be challenging to prove, as victims often endure additional emotional and financial damages by pursuing it.

Of course, if it is by way of verbal abuse and it is inflicted on you by your partner, husband or wife, you can proceed to consider your options as to whether you want to obtain an Apprehended Violence Order against your partner, husband or wife or whether the time has come for you to make a decision whether to walk out of your relationship.

After putting up with years and months of humiliation, negating, criticising, character assassination, yelling or public embarrassment, you need to consider your option as to whether you need to complain about it and put an end to it.

In Australia, you can contact 1800 RESPECT or 1800 737 732 in order to have a confidential discussion about the mental abuse that you are put through, to seek counselling and support services. Of course, please call 000 if you are in any danger.

Please also visit www.1800respect.org.au for further information, and if you are worried whether there could be traces after you have visited that website, there is also a specific link providing you with tips to use that site in order to ensure that it cannot be traced. Kindly proceed to check the site www.1800respect.org.au. An interpreting service is also provided if you contact 13 14 15.

Never feel that you are alone, and you have to put up and shut up.

If you wish to discuss your legal options, please do not hesitate to contact Freedman & Gopalan Solicitors on 02 8917 8700.

 

 

On 21 July 2020, Prime Minister Scott Morrison, announced that JobKeeper will continue until 28 March 2021, extending beyond the initial September end-date. However, commencing from 28 September 2020, the payments will be reduced and based on a new Two-Tier system, and again reduced from 4 January 2021 onwards.

Companies/businesses will still be required to re-qualify for JobKeeper after September and prove that their turnover has still decreased by 30% or more with reference to their actual turnover in the June and September 2020 quarters. The idea behind the reduced payments is so that small businesses in particular are not left without support as the restrictions ease and people are again spending money.

From 28 September 2020 to 3 January 2021, the payment rate will decrease from the current $1,500 per fortnight to $1,200 per fortnight for eligible workers. However, this will only apply for workers who, prior to 1 March 2020, were working more than 20 hours per week. Whilst people who were working less than 20 hours per week on average prior to 1 March 2020, will receive $750 per fortnight.

From 4 January 2021, these payments will reduce to $1,000 and $650 per fortnight respectively.

The new ‘Two-Tier’ payment takes into consideration part-time rates given that around 1 in 4 workers on JobKeeper under the current payment regime were receiving a pay rise of approximately $550 per fortnight.

With the impending threat of a ‘second-wave’ of COVID-19 resurfacing, provide us with your thoughts in the comments below whether this is a positive step in the right direction or whether this is simply a significant unnecessary expense.

Having a dispute with your neighbour? Your rights and course of action.

Given the current circumstances surrounding COVID-19 and self-isolation, people are spending larger amounts of their time at home. Whilst this has several benefits, it is not without disadvantages also.

One disadvantage might be increased tensions between yourself and your neighbours. Are you and your neighbour currently arguing over noise complaints such as loud music or a constantly barking dog? Or have you noticed that your neighbour’s branches are overhanging into your property?

Whatever the dispute may be between you and your neighbour, we are here to help!

How do you resolve an issue with your neighbour?

The quickest and cheapest way to try and fix a problem is to talk with your neighbour. We suggest approaching your neighbour in a friendly (and socially distant) manner, in order to discuss the problem. This will also help to maintain a positive relationship, making it easier to deal with other issues in the future.

If you and your neighbour can come to an agreement, you can put it in writing, and both sign it. The advantage of having the agreement in writing is that it can be used as evidence if the issue later proceeds further to a Court or a Tribunal.

What happens if you and your neighbour cannot come to an agreement?

If you and your neighbour cannot resolve the matter on your own, there are several options available to you: -

  1. Ask a third party for help: If you have talked to your neighbour and this has not resolved the issue, you can ask someone else to help. It is best to ask someone who is not emotionally involved in the dispute. This could include a friend or another neighbour.
  2. Mediation: You can contact Community Justice Centres (CJC) for help with free mediation. This is where an independent person called a mediator will help you and your neighbour discuss and resolve the dispute. This is a very successful method of resolving disputes with more than 80% of the disputes mediated on resulting in an agreement. You can call CJC ono 1800 990 777 to discuss your neighbour dispute with a CJC.
  3. Court: For most disputes between neighbours, court should be a last resort. It is important to know which Court your issue falls under as different Courts exercise different powers. For example, the NCAT, Land and Environment Court hears matters regarding environmental, development, building and planning disputes, while the NSW Civil and Administrative Tribunal will typically deal with residential property issues such as fencing.

    Remember, Court should always be used as a last resort. Reaching an agreement with your neighbour outside of Court is cheaper, quicker and will help improve your relationship.

 

If you are currently having issues with your neighbours and require legal assistance, please feel free to contact us on 02 8999 9837. We can assist in directing you to the most appropriate course suitable for you and also assist in resolving the matter amicably and expeditiously.

 

Separation with your partner is certainly one of the most difficult times of your life. After separation, disagreements over parenting or/and financial matters is most common, especially because there are a lot of emotions involved. These disagreements can cause a great deal of conflict which is unhealthy for you and for the children.

It is easier said than done, to have your emotions aside while making decisions with regards to finances or parenting, after separation. However, there are avenues and courses available for people who have separated and are struggling to co-parent while living apart i.e. Parenting After Separation Program or Keeping Kinds in Mind, separated parents who are unable to deal with their emotions i.e. Circle of Anger or Managing Anger or even follow through the Orders made by the Court or agreed between your partner and yourself i.e. Parenting Order Program.

These courses assist you in developing a child-focussed approach, which is all you need on your coparenting journey, as you learn to parent together while living apart. Apart from that, these courses help you recognise and minimise conflicts while making decisions. You might neglect to notice, but children are also greatly affected/impacted. Groups are also run for children to help them deal with feelings and experiences associated with their parent’s separation i.e. Our Kids.

Also, there are courses and coaching available for parents are who are unprepared for facing the challenges of the legal process, particularly preparation for Court, or to have the best chance of coming to suitable agreements in Mediation i.e. Court and Mediation Readiness for Separating Parents. Prior preparation is essential but most of the times, emotions such as stress, anger, fears, ego and insecurity can get in the way, while making important decisions.

A few of the organisations that provide courses after separation are Relationships Australia (1300 364 277), Anglicare (02 9895 8144), Uniting Counselling & Mediation (02 8830 0700), and Catholic Care (13 18 19).

If you are struggling after separation and require any legal assistance, please feel free to contact us on 02 8917 8700, we can assist in directing you to the most appropriate course suitable for you and also assist in resolving the matter amicably and expeditiously.

If you are currently considering adopting a child, you may realise the court system in NSW can be quite complicated and confusing. It may also be difficult to figure out where to start looking, where the best source of information is and how adopting a child can change your current family dynamic.

In NSW, you can adopt whether you are a single person or a couple (whether married or in a de facto relationship). You must also be:

Amongst the above requirements, the Adoption Act 2000 also sets out some other general principles:

There are also various types of adoption. The Department of Communities & Justice sets out the differences in varying kinds of adoptions (https://www.facs.nsw.gov.au/families/adoption/adopting-a-child). Generally, the two most common types of adoption are: -

  1. Adopting a child within the family

Adopting within the family is also known as ‘intrafamily adoption’. This can be by a stepparent or a relative such as by a grandparent, son, daughter, grandchild, brother, sister, uncle, or aunt of the child.

  1. Adopting a child from overseas

Adopting a child from overseas is also known as ‘intercountry adoption’. All intercountry adoptions are governed by the Hague Convention on the Protection of Children and Cooperation which places obligations on both the child’s birth and receiving country. It is also important to be aware that whilst the Australian government actively works to negotiate with other countries relating to the adoption of children, there are only a limited number of participating countries, and many restrictions can apply. Intercountry adoption can also be very expensive when considering airline travel, overseas accommodation and costs in preparing the documentation (e.g. translation, legal and notary fees).

Nevertheless, adopting a child can be a very rewarding process for families. If you have any questions or queries, please do not hesitate to contact Freedman & Gopalan Solicitors on 02 8917 8700, and we’ll be happy to guide you through the adoption process.

This week, students studying law at Monash University in Melbourne have protested against the exam conditions imposed upon them during COVID-19. Over 980 'disappointed' students have signed a survey registering their distress and frustration with the new exam protocols. On 10 June 2020, students were told that they would need to ensure they had multiple devices which can sustain three hours of a video call, so that exam invigilators can monitor them while taking the exams at home.

Their frustration reflects the concerns of many tertiary students around the country seeking to adapt to online learning during the coronavirus pandemic. The online exam-taking software ProctorU has come under fire due to concerns about privacy and data protection. ProctorU is a software which monitors students taking exams at home via webcam and allows students to hand over control of the computer to 'proctors' located elsewhere. Generally the student is required to present their ID card on camera, and the software uses its own facial recognition software to confirm the student’s identity. The student is then asked to take a 360 degree view of the bedroom so the proctors can identify anything suspicious. During the exam, the webcam technology tracks eye movement, noise and keystrokes to ensure the student isn't looking at notes hidden elsewhere in the room. By granting the proctor control of the computer, the software is able to disable some computer functions such as copy and paste, and can turn off any applications running in the background.

The concerns of the students at Monash are that these systems benefit students who can afford the latest technology and who live in residences with reliable wifi and other technological support. The university has not provided economic support to enable surveillance technology within homes, nor allowed for the possibility that internet connections may fail. Students are also concerned that the offshore invigilators or 'proctors' are given access to any personal information or data on students' computers. While ProctorU states that its proctors will not use any more information that necessary, the ProctorU privacy policy acknowledges it may sell or transfer information collected from students in the event of a “bankruptcy, merger, acquisition, reorganization, or sale of assets.” That information includes students’ name, email address, educational institution, phone number, country of residence, IP address, internet service provider, browser extensions and video and audio recordings of the examination.

One thing that we can be sure of is that these are unprecedented times, and it is important that universities acknowledge the varying circumstances of their students. Educational integrity, as well as equal opportunity examinations and protection of student privacy, are all to be strived for.

 

 

Whether the relationship/ marriage has broken down, or you are still in the process of considering ending the relationship/ marriage, here are some practical considerations before walking out: -

  1. Take immediate steps to secure your data

Many couples share passwords and logins to bank accounts and other personal information during the relationship in order to more easily manage the family’s affairs. To ensure your interests are protected, ensure that all your personal accounts and passwords are changed. It may also be worthwhile to establish a new email account, particularly if you intend to retain a lawyer to assist you for your property settlement and parenting affairs subsequent to separating. Kindly start saving all important text messages, emails and photographs. It is imperative that you start recording and taking photographs of events, especially if you have been injured in any manner during a domestic violence incident.

  1. Ensure you have access to some funds

This may vary depending on your individual circumstances, but it highly recommendable that you have a secure sum of money (whether it be funds from your own or joint sources) which can be used for expenses such as obtaining initial legal advice. You may also need to consider monies in relation to setting up new accommodation if you intend on moving out of the premises. This would include a bond, a few months’ worth of rent, utility costs and an amount saved for food and other necessities.

  1. Secure your children’s passports, birth certificates and other important documentation

This is particularly important if your former partner has connections overseas, and there is a chance that the children may be taken overseas without your knowledge. Whilst a Recovery Order may be obtainable in these circumstances, prevention is always key and will give you a peace of mind. You may also want to consider placing your child on the Airport Watchlist if your intention is to commence legal proceedings soon thereafter. We would strongly recommend that you keep the original birth certificate, passport and other important documentation at a safe place that is only accessible to you and your close contacts.

  1. Secure your own documents.

It is paramount that you collate and secure your important documentation. This may include bank statements, tax documents, any registration documents and superannuation documents. You may also need to review your Will and Power of Attorney, and we would highly recommend you obtain legal advice if this is necessary.

  1. Inform relevant people of your separation

For your safety, particularly in domestic violence situations, it is essential to notify you close family or friends that you intend on leaving your partner.

You may also consider notifying your child’s school/ childcare to ensure there are immediate steps taken to ensure there is a joint authority of both parents to remove the child from the premises.

If you have joint bank accounts with your ex-partner, it may also be worthwhile to notify the banks of your intention to separate. This is particularly important to ensure the banks do not act on your ex-partner’s instructions without your consent.

  1. Consider the impacts this will have on your Will. 

If there are considerable assets that you are worried about, kindly ensure that your Will is updated, or you proceed to prepare your Will, in order to ensure that your assets are only distributed amongst your children and does not go to your partner in the event that something happens to you between now and formal separation or property takes place

If you are intending to walk out on your partner, we would highly recommend that you obtain independent legal advice. Our team at Freedman & Gopalan Solicitors is here to assist and guide you through these tough times. Please do not hesitate to contact us on 02 8917 8700 to speak with our lawyers, or feel free to leave an enquiry via email, and we will be in touch as soon as possible.

 

Now that Australia is opening up again and people are heading back to work, it is important that we all go back to the office, and any place of work, in a safe and responsible manner. Freedman & Gopalan Solicitors has registered our COVID Safety Plan and been certified as a COVID Safe Business.

COVID-19 Safety Plans help to protect staff, customers and visitors as NSW gets back to business. Some businesses will need to complete a COVID-19 Safety Plan under the public health orders, but you can also voluntarily complete one.

As a business owner or employer, what should I be doing?

To become a COVID Safe business, go to the NSW Government Guide on COVID Safe Businesses. Here, you will be guided through making a COVID-19 Safety Plan, depending on what environment your business operates in. Options include agriculture, libraries, restaurants and cafes, sports and recreation facilities, and office environments.

In an office environment, it is important to follow the guidelines in the following areas:

  1. Staff and visitor wellbeing. No one should be attending work if they are unwell, and this should be communicated clearly to everyone who will be coming into the office
  2. Physical distancing. Only one person can safety occupy a 4 metre squared space. Thus, it is important to use flexible working arrangements where possible, use telephone or video platforms for essential meetings, and ensure people maintain 1.5 metre physical distancing at all times.
  3. Hygiene and cleaning. Surfaces should be regularly disinfected and hand sanitiser should be available at multiple locations throughout the workplace
  4. Record keeping. The business must keep a record of name and contact details of all staff, volunteers, visitors and contractors attending the office, for the purposes of tracing COVID-19 infections. These records must be kept for at least 28 days and stored confidentially and securely.

These are the guidelines that Freedman & Gopalan Solicitors will be following as we start going back to the office. The guidelines in your workplace may be different, and so it is important that you complete a COVID-19 Safety Plan and make it available for all your staff.

As an employee, how can I ensure that it is safe for me to return to work?

If you are unsure whether your employer has completed a COVID Safety Plan, speak with them about it. It may be that a Plan has been put in place, but just not made publicly available. If your employer has a informal plan on how to keep employees safe, encourage them to go to this website: https://www.nsw.gov.au/covid-19/covid-safe-businesses, and register as a COVID Safe Business. It only takes a few minutes, and can help protect our community from the spread of COVID, as well as providing peace of mind to employees and visitors.

Part of being a COVID Safe Business is ongoing consultation with staff, visitors and clients, as well as feedback on how we are going. If you have any questions or would like to provide us with feedback, please contact us via 02 8917 8700 or send us an email on reception@freedmangopalan.com.au.

High-conflict situations post-separation can lead to the child preferring to spend time only with one parent, or even outright refusing to spend time with or contact the other parent. If this is the result of one parent deliberating alienating the child from the other parent, it is called parental alienation. If this occurs naturally, without manipulation by any parent, it will not be parental alienation.

Parental alienation is the specific process by which a child becomes estranged from one parent as a result of the psychological manipulation of the other parent. It can be a grave concern for some parents who are parenting after separation, and this manipulation can result in a fracture between the parent-child relationship that needs to be addressed immediately.

Examples of parental alienation include:

Parental alienation is both a legal issue and one which needs to be addressed with family therapists and psychologists with experience in these situations. Agreeing the terms of how parenting after separation will operate, with binding Consent Orders, and discussing these issues with your ex-partner is important in terms of not letting the situation go this far.

If you are parenting after separation and feel that the other parent is undertaking emotionally manipulative tactics to influence your child, please contact our offices, and we will assist you in understanding these personality traits and provide you with assistance and support, as well as in depth practical legal advice.

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