With a growth in technology in the past 10 years, online marketplaces have experienced a significant economic boom. Although significant in their ability to reach a wide range of consumers, the growth of ecommerce has resulted in unforeseen challenges. Particularly, the creation of the cryptocurrency, ‘Bitcoin’.

What is Bitcoin?

Bitcoin is a form of cryptocurrency which enables payments to be sent between users electronically.

Bitcoins can be used to book hotels on Expedia, buy gaming software and equipment or even shop for furniture.

Why Bitcoin?

The problem with Bitcoin?

If you would like to discuss any issues raised in this article, please do not hesitate to contact our team at Freedman & Gopalan Solicitors, on 02 8999 9837 or fill out the enquiry box and we will get back to you ASAP.

 

The Demerit Points System is a national program that allocates penalty points for a range of driving offences. The scheme is designed to encourage safe and responsible driving by imposing financial penalties on drivers who drive outside the law.

How do demerit points work?

The demerit point scheme is administered by the New South Wales Roads and Maritime Services.

It allocates penalties which are known as demerit points. If you accumulate a specified number of demerit points within the 3-year period, your license will be automatically suspended.

If you have an unrestricted licence, you are allowed up to 13 points within a 3-year period. This increases to 14 points for professional drivers (such as truck drivers or bus drivers).

Each time you commit a driving offence, you will receive a notification in the mail along with the penalty notice. Points will be added to your license, and if it reaches the maximum number of points, you will receive a notice of suspension which will specify how long your drivers’ licence will be suspended.

Although demerit points are no longer counted after 3 years, they remain on your driving record permanently.

What are the demerit point limits?

The limits are:

What are the suspension periods?

For unrestricted licence holders, the period of suspension depends on the number of points you accumulate:

For both learner, P1 and P2 licence holders, the suspension period is 3 months.

What are the double demerit periods?

Double demerit points apply for speeding, failure to wear a seatbelt, motorcycle helmet and use of mobile phones during all holiday periods such as long weekends, Christmas, New Year and Easter.

How do you find out your demerit points balance?

You can check your demerit points balance online on the NSW Roads & Maritime Services website (click here).

What happens if you do not pay your penalty notice fine?

If you fail to pay your penalty notice fine by the due date, you will be issued with an enforcement order. You will also face the penalty of additional demerit points for a failure to pay the fine.

Your driver licence can also be suspended under the Fines Act 1996 if you do not pay your outstanding penalty notice.

 

Electronic Conveyancing (e-Conveyancing) is an electronic way of conducting property settlement and lodgement. By replacing paper processes, it allows lawyers, lenders and conveyancers work together online and speeds the process up. E-Conveyancing sites can also create documents pre-populated with the relevant information, and the parties involve can just cross-check and approve the information.

Soon there will be no paper certificate of title. Once settlement occurs online, the title issued is called an eCT, and works just like a paper CT.

What is PEXA

PEXA stands for Property Exchange Australia Limited. On PEXA’s national eConveyancing platform, parties can prepare and electronically sign the registry instruments (including the transfer, mortgage and release of mortgage), lodge registration documents and make payment of the purchase price. PEXA does not only facilitate property transfers, but other dealings with property such as lodging and withdrawing caveats.

Is it safe?

E-Conveyancing sites such as PEXA allow the participants to enter a secure, online workspace. In fact, it is hoped that eConveyancing will reduce risks of errors and fraud. By reducing delays, the risk inherent in any delay is reduced. Moreover, between 2013 and 2018, the NSW Registrar General paid out more than $2 million for errors in paper transactions, and over $7 million for paper fraud. The paper system has issues that will be avoided by eConveyancing.

A legal practitioner cannot conduct a conveyance for you without your written Authorisation, and there are steps taken to identify the client to avoid identity theft.

If you would like assistance in a property dealing, please do not hesitate to contact our team at Freedman & Gopalan Solicitors, on 02 8999 9837 or fill out the enquiry box and we will get back to you ASAP.

The recent debate in Alabama, USA in relation to abortion prohibitions with no exception for rape or incest, has brought New South Wales’ abortion laws into the spotlight.

New South Wales remains the only state or territory in Australia, to treat abortion as a criminal offence subject to exceptions. These exceptions are found in the decision of R v Wald [1971] which finds abortion to be lawful if a doctor believes that a woman’s physical or mental health would be in danger. While this would consider the social, economic and medical factors involved in the case, women are still not entitled to abortion on request.

Reasons for decriminalising abortion

A study conducted in collaboration with The World Health Organisation (WHO) and the Guttmacher Institute found that abortion rates are similar in countries where it is legal and where it is illegal, showing that criminalising abortion only contributes to the rise of unsafe abortions rather than a decline in the actual abortion rate.  The decriminalisation of abortion is thus in the interest of safe healthcare. The 'WHO' estimates that 22 million unsafe abortions occur each year worldwide. As these are not conducted by a trained medical professional, they often have fatal consequences. The WHO has found that unsafe abortions are the third leading cause of maternal deaths globally and liable for another 5 million preventable disabilities.

Moreover, from a social and ethical perspective, compelling a woman to carry a child until delivery, infringes upon her bodily autonomy and thus, her human rights. From being unable to afford to carry or deliver a child, to being mentally unprepared to raise one, there are many reasons why women may not want to have a pregnancy to term. While some may suggest adoption as a viable alternative, in Australia, only 209 children out of the estimated 40, 000 children put up for adoption are adopted each year.

Hence, an increasing number of states and countries have been decriminalising or legalising abortion with more than 30 countries doing so in the past 60 years according to Amnesty International. With Queensland decriminalising abortion as of 2018, NSW remains the last state criminalising abortion.

The Position of the NSW Government

Despite NSW’s Premier, Gladys Berejiklian’s support for a women’s right to choose, she has clarified that she would need to see what the legislation looks like first. She has also stated that the MPs would be provided with a conscience vote on the decriminalisation of abortion if a bill comes before the Parliament.

This issue combines both legal and ethical concerns, and so it will be interesting to see the results of a conscience vote, especially considering the risks inherent in unsafe abortions and the other approaches available to reducing abortion rates, such as accessible contraception and education programs.

 

 

Contrary to popular belief, most Australians actually do not need to go to the Family Court of Australia to make arrangements for children, parenting or property once the relationship/ marriage has dissipated.

Whilst a Divorce Order must be obtained through the Court, there is no necessary requirement for parenting or financial/ property arrangements to be decided by the Court. The process of going to Court to resolve any disputes you may have with your ex-partner is a very expensive, cumbersome and stressful situation. Even so, you may also not get the result you want.

Nevertheless, it is essential that if you have separated from your partner, it is essential that all parties come to an agreement with regards to your children and/ or property.

Did you know there are many different options separating families can take besides going to Court? Here are some of them:

Parenting arrangements without going to Court

In order to ensure the needs and best interests of the child is met, it is essential to come to an agreement with you and your ex- partner. Parenting agreements can come in the form of:

  1. An informal parenting agreement or a written parenting plan

This is a written record of an agreement that is signed and dated between you and your ex-partner with regards to how the care of the children will be undertaken. However, it is important to note this is not a legally enforcement document in Court.

  1. Consent Orders from the Court

If you and your ex-partner continue to disagree about the parenting arrangements, you may want to consider entering into consent orders which is enforceable by a formal Court or the Police (if for example, your child/ children are not returned or kidnapped)

Property arrangements without going to Court

Even if you believe you and your ex-partner can come to an agreement between yourselves to divide your property without going to Court, it is essential that you seek legal advice to ensure that your interests are well protected.

  1. Informal agreement

Whilst an informal parenting agreement can be entered between you and your ex-partner, they are not enforceable by the Court which can be an issue should a disagreement arises in the future. Therefore, it may make more sense to make a financial agreement or have Consent Orders entered into between the parties.

  1. Binding Financial agreement (BFA)

This is a written document which outlines how your property will be split with your ex-partner. Whilst a financial agreement does not need to be approved by the Court, there are strict guidelines. In order to make a financial agreement, you must also obtain legal advice.

  1. Consent Orders

This is a written agreement which is approved and enforceable by the Court. When a Consent Order is made, it also has the same effect as a Court Order made after a hearing. However, it is a much more time and cost-efficient method. We would highly recommend for you to seek legal advice to ensure your best interests are protected.

Please do not hesitate to contact Freedman & Gopalan Solicitors on (02) 8917 8700 or by email to reception@freedmangopalan.com.au to discuss your legal avenues!

 

What is Bankruptcy, and how will it affect you?

If you are unable to attend to the payments of your debts, Bankruptcy is a legal process commenced by a Creditor, where you are declared to bankrupted and classified to be a person unable to pay his or her debts.

If a Creditor commences proceedings against you by issuing a Bankruptcy Notice against you, then the creditor can proceed with the Bankruptcy proceedings if you are unable to pay the debt within a period of 21 days. An “Act of Bankruptcy” is deemed to have taken place 21 days subsequent to the personal service of the Bankruptcy Notice upon you. If the payment is not forthcoming within 21 days of service of the Bankruptcy Notice against you, a Creditor can issue a Creditor’s Petition with the Federal Circuit Court of Australia, commencing Bankruptcy Proceedings against you within six months of the date of the Bankruptcy Notice having been issued.

If the Creditor’s Petition proceeds to a Hearing, and the Debtor is unable to successfully defend the matter or attend to the repayment of the outstanding debt, the Court proceeds to issue, a “Sequestration Order.”

Sequestration Orders declares the Debtor to be Bankrupt for a period of three years and one day.

A Bankruptcy Trustee is appointed by the Court when a Sequestration Order is entered. A Trustee is a person or a body who manages your Bankruptcy. This can be either an official Trustee from the Australian Financial Security Authority (“AFSA”) or a registered Trustee. Alternatively, the Creditor can nominate a registered Trustee of his or her choice.

You can also enter into voluntary Bankruptcy by lodging a Debtor’s Petition.

The Consequences

Once you are declared a Bankrupt, you must provide details of your debts, income and assets to your Trustee. Your Trustee can sell certain assets belonging to you to help repay all the outstanding debts. Your Trustee will proceed to notify all your creditors that you have been declared Bankrupt, and this will prevent the creditors from contacting you directly. The creditors (both secured and unsecured) will then proceed to liaise with the Trustee.

If you are unable to repay your debts and you are considering Bankrupt, it would be most prudent and advisable that you proceed to liaise with a Financial Advisor or your Solicitor in order to discuss your options of dealing with your unmanageable debt. You have to obtain professional help in relation to your debt decisions, so that you can attempt to renegotiate your repayments, consider your options, and also understand the serious consequences of being declared Bankrupt.

Credit reporting agencies keep a record of your Bankruptcy for a period of five years from the date you became Bankrupt, or two years from when your Bankruptcy ends, whichever is the later date. One of the common questions raised by a debtor is whether he or she can travel overseas once you are declared Bankrupt.

During the Bankruptcy period, you can travel overseas as long as you have obtained permission from your Trustee to leave Australia. You do not, however, need approval from a Trustee to travel within Australia or to Australian Islands and Territories (for example, Norfolk or Christmas Island).

There is a formal process to follow in order to seek the relevant permission. If you do not have a passport, Bankruptcy does not prevent you from applying for a passport. This requirement of seeking permission from the Trustee also applies even if the intended travel purpose is work-related, as well as urgent travel or for compassionate reasons.

If you travel without the relevant permissions, you could face penalties whereby an extension of your Bankruptcy for a further five years from your return date could be made, in certain circumstances, or even a term of imprisonment.

To avoid Bankruptcy and the serious consequences that follow, we strongly recommend that you make contact with us in order to have all your queries answered.

Please do not hesitate to contact Freedman & Gopalan Solicitors if you have any further questions on (02) 8917 8700 or by email to reception@freedmangopalan.com.au

As an employee, you can take leave for many reasons, whether it is an annual holiday you intend to go on, because you’re feeling ill or even issues relating to family or domestic violence.

Did you know under the National Employment Standards (NES), there are now 8 minimum leave entitlements for employees? Whilst a contract of employment can provide for other entitlements, they cannot be less than what is outlined by the NES.

  1. Annual Leave

All employees (except for casual employees) get paid annual leave. Full- time and part- time employees get 4 weeks of annual leave, based on their ordinary hours of work.

  1. Sick & Carer’s leave

This is also known as personal carer’s leave where an employee can take time off to recover from their own personal illness, caring responsibilities for an immediate family member or family emergencies.

  1. Family & domestic violence leave

The Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 took effect on 12 December 2018, allowing employees entitlement to unpaid family and domestic violence leave. All employees (whether full-time, part-time, or casual) are entitled up to 5 days of unpaid family and domestic violence leave each year.

  1. Compassionate & Bereavement leave

All employees are entitled to 2 days of compassionate or bereavement leave each time when a member of the employee’s immediately family or household passes away or contracts/ develops a life- threatening illness or injury

  1. Maternity & parental leave

Employees can get parental leave when a child is born or adopted and are entitled to 12 months of unpaid parental leave and even can request for an additional of 12 months afterwards. All employees are entitled to parental leave. However, they must have worked for their employer for at least 12 months before the date of the adoption, expected date of birth of the child or when the leave starts (if the leave is taken after another person cares for the child)

  1. Public holidays

Public holidays can differ depending on the state or territory the employee is working in, so make sure to know what the dates are because each employee can get different entitlements on these days.

  1. Community service leave

All employees, including casual employees, can take community service leave for certain activities such as voluntary emergency management activities (e.g. activity involving with an emergency or natural disaster, activity where the employee has a member- like association with a recognised emergency management body, etc) or to attend jury duty.

  1. Long service leave

An employee has long service leave after working for the same employer for a long period. Each state or territory has its own long service leave laws.

 

If you think you have been dismissed because of discrimination, a reason that is harsh, unjust or unreasonable or you think you have another protected right, please do not hesitate to contact Freedman & Gopalan Solicitors on (02) 8917 8700 or by email to reception@freedmangopalan.com.au to discuss your legal avenues!

A survey conducted by the International Bar Association in late 2018, found that 37 per cent of lawyers in Australia reported sexual harassment as opposed to the global average of 22 per cent.

Why is it that a field that is theoretically built on ethics and upholding of justice finds so many perpetrators and hence, victims within itself?

This can be attributed to a myriad of causes.

Firstly, the power imbalance in many law firms can lead to a fear to report sexual harassment. Senior and equity partners are highly valuable to big law firms, for their revenue. There is then a perception that they are protected by the firm, and are "untouchable", and employees may fear reporting sexual harassment in order to avoid damaging their career.

As the president of the Women Lawyers’ Association of South Australia had found, with male domination at the higher levels of careers in law, there is a culture of gender discrimination which further perpetuates a fear of reporting due to the precedent of discrimination. This male domination in the higher levels of the profession is particularly problematic when considered with the fact that nearly 4 out of 5 harassers were men, with 90 per cent of women and 61 per cent of men saying they were harassed by a man.

However, all is not bleak, with important changes making its way through the legal profession. There is a slight paradigm shift as a result of the #MeToo movement, showing that even powerful men like Harvey Weinstein are not out of reach. While there is a long way to go, this has made an impact on the legal profession. For example, a former partner in a well-known Sydney law firm was dismissed in 2018 after an investigation was launched by the firm following allegations made against him by 3 women. We can see now that even the most powerful members of the firm are not necessarily “untouchable”.

Nevertheless, it is important to know that there is a lot of progress left to be made. Sexual harassment is often manifested as a result of a culture of acceptance towards the predators and shaming of the victims. By trivialising and ignoring objectionable conduct or claiming an inappropriate remark that has caused discomfort to be a joke, a culture of sexual harassment is bred in firms.

Ultimately, it is important to remember that to encourage men and women who are victims of sexual harassment to report, there must be a shift in the culture that is present in the legal industry. A good place to start would be with the Australian Human Rights Commission’s suggestions that include:

  1. Promotion of gender equality within the organisation through increased women in leadership roles
  2. An organisational culture with zero tolerance for sexual harassment in all degrees of leadership
  3. Creation and implementation of a sexual harassment policy that includes confirming that staff know the policy and where to go to report should incidents occur. It should also protect victims from discrimination when they report.

This, along with IBA’s recommendations which include improving avenues for reporting harassment and improving transparency, has the potential to transform the legal workplace into a safer place.

If you have any queries in relation to the issues raised in this article, please do not hesitate to contact us on (02) 8999 9837, or fill out the enquiry box and we will get back to you ASAP.

In light of the Mother’s Day festivities last week, it is important to remember that 1 in 2 Australian mothers having experienced pregnancy-related discrimination in the workplace and to consider whether your rights as a new parent are being met.

What is parental leave and when can you take it?

Parental leave gives you the right to return to your old job and your absence can be paid or unpaid depending on your entitlements.

You can ask for parental leave when you give birth, your spouse or de facto partner gives birth or when you adopt a child below the age of 16. If you are adopting a child, you are also allowed up to 2 days of unpaid leave before the adoption to attend the required examinations.

To qualify for unpaid parental leave, you must have worked for your employer for at least a year before the date of birth, adoption or when the leave starts, and you should be responsible for the care of the child when it arrives.

How can you get paid parental leave?

As an employee, you can get both Parental Leave Pay from the Australian Government and paid parental leave from your employer. This does not affect your entitlement to unpaid parental leave.

You qualify for the government scheme and hence, can get up to 4 and a half months of paid leave at the national minimum wage if:

  1. You earned less than $150 000 in the last financial year,
  2. Are on leave or unemployed while receiving parental leave pay,
  3. Have done enough work in the 13 months before to pass the work test and
  4. Are the primary carer for the child

Your employer can provide paid parental leave in agreements, contracts and workplace policies and its details depend on the specific agreement, contract and policy.

Pregnant Employee Entitlements

Pregnant employees have entitlements which include:

  1. Special Maternity Leave: If you have an illness due to pregnancy or if your pregnancy has ended after 3 months due to a miscarriage, termination or stillbirth you can take this leave until you recover from the illness or you feel able to work again.
  2. Safe job: If your job is unsafe for you due to your pregnancy, you are entitled to move to a safe job which provides you with the same wage, hours and benefits even if you are not eligible for unpaid parental leave
  3. Safe Job Leave: If your place of employment has no safe jobs, you are entitled to a paid safe job leave if you are entitled to unpaid parental leave.

Your employer may need to see a medical certificate to prove illness or necessity for a safe job.

Discrimination

Ultimately, you cannot be discriminated for being pregnant through being fired,  demoted or treated in a different way. If you feel that this is your situation, it is crucial to remember that you should contact the Fair Work Commission within 21 days to protect your rights.

If you have any queries in relation to the issues raised in this article, please do not hesitate to contact us on (02) 8999 9837, or fill out the enquiry box and we will get back to you ASAP.

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