The recently proposed Sydney Rail Strike initially scheduled to occur from between 10pm on Thursday 21 November 2024 (later pushed back to commence at 4:15am on Friday 22 November 2024, to accommodate for the ‘Pearl Jam Concert’) till mid-morning on Sunday 24 November 2024, was ultimately cancelled.

This follows ongoing ‘wage negotiations’ between the NSW Government and Rail, Tram and Bus Union (hereafter ‘RTBU’), with the industrial dispute scheduled to be resolved within a two-week deadline.

Although the majority of commuters have been relieved by this announcement, various business leaders have expressed their concerns and uncertainty over potential future disruptions, which may catalyse substantial economic impacts.

The Deal:

The train strikes were averted following crisis talks between the RTBU and the Government (namely NSW Premier, Chris Minns, Transport Minister, Jo Haylen, and RTBU Secretary, Toby Warnes) lifting ‘109 planned work bans’ from Thursday 21 November 2024 till Thursday 5 December 2024.

Though commuters were able to catch trains until Sunday 24 November 2024 as per usual, the Metro underwent scheduled maintenance from Saturday 23 November 2024 to Sunday 24 November 2024, running only from Tallawong to Chatswood.

No major shutdown transpired, and limited 24-hour trains services were run across the pertinent period, per RTBU demands (in exchange for lifting the work bans).

Ongoing Wage Negotiations:

The postponed industrial action was initially raised following disagreements between the RTBU and NSW Government over wage increases for rail workers.

The parties’ positions are as follows:

• NSW Government
  • Proposing wage increases (for 14,000 rail workers) of 9.5% over 3 years, namely 3.5% in the first year, 3% in the second year and 3% in the third year.
• RBTU
  • Demanding wage increases of 32% over 4 years (8% increase each year).
  • Reducing work hours for rail workers.
  • Ensuring trains run for 24 hours on the weekend.

A new ‘Enterprise Agreement’ (pay deal) is being drafted across the following 2 weeks of intensive bargaining between the RTBU and Labor Government.

Though finer details are still being determined, the RBTU has raised the prospect of pursuing ‘a mechanism [to] increase the percentage pay rise [for rail workers] … in the new Enterprise Agreement through identifying and abolishing waste throughout… rail agencies and… the Transport bureaucracy… in line with the Labor Government’s policy [for]… pay rises [to]… be linked to “productivity gains.”’

Summary:

Ultimately, it remains currently unclear whether the relief provided to commuters and businesses will be momentary or permanent.

However, should disruptions continue post these ongoing negotiations, the potential economic implications will be accentuated over the critical Christmas business period.

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

What is a Section 60I Certificate?

Under the Family Law Act 1975 (Cth) (‘FLA’), separating couples who wish to apply to the Court for a ‘parenting order,’ must first demonstrate that they have made a genuine effort to resolve the dispute, through Family Dispute Resolution (‘FDR’).

A Section 60I Certificate (‘s60IC’) effectively documents this genuine attempt, as it may only be issued by registered FDR Practitioners. A copy of the s60IC must subsequently be filed with the Court Application for a Part VII order (which concerns the care and welfare of children).

Significantly, where a party fails to attend FDR, or does not make a genuine effort to resolve the dispute, the Court may order them to pay costs.

Types of s 60IC:

There are 5 types of s60ICs that can be issued under FLA ss 60I(8), covering different real-life circumstances:

• The ‘person did not attend FDR… due to the refusal, or the failure, of the other party …to attend’ (per FLA ss 60I(8)(a));
• The ‘person did not attend FDR… because the [FDR] practitioner consider[ed]… that it would not be appropriate to conduct the proposed FDR’ (per FLA ss 60I(8)(aa));
• The ‘person attended FDR… and… all attendees made a genuine effort to resolve the issue[/s]’ (per FLA ss 60I(8)(b));
• The ‘person attended FDR… but [they, or] the other party… did not make a genuine effort to resolve the issue[/s]’ (per FLA ss 60I(8)(c)); or
• The ‘person began attending FDR… but… the FDR practitioner consider[ed]… that it would not be appropriate to continue the FDR’ (per FLA ss 60I(8)(d)).

Applicable Timeframe:

A s60IC must be filed within 12 months of the last FDR session attended, or attempted, per Regulation 26(1) of the Family Law (Family Dispute Resolution Practitioners) Regulations 2008 (Cth).

Key Exceptions:

The s60IC requirement does not apply in certain circumstances (per FLA ss60I(9)), including, but not limited to:

• When the order being applied for is to be made with the ‘consent of all the parties.’
• Where there are ‘reasonable grounds to believe that there has been… [or]… would be a risk of [child] abuse… if there [was]… a delay in [making the order].’
• If ‘there has been [a history of, or] … risk of family violence… by one of the parties.’
• If the ‘application is made in circumstances of urgency.’
• When ‘one or more of the parties… is unable to [effectively] participate… in FDR… [due to] incapacity… physical remoteness… or… other reason[s].’

Please note: Western Australia has a separate template (form) for a s60IC that only applies under specific circumstances.

If you or someone you know wish to discuss this issue further, or seek legal advice on family matters, please do not hesitate to contact us on 02 8999 9809.

Real estate investment is a popular decision amongst many Australians for several reasons including, but not limited to:

• Its relatively low volatility in comparison to shares and other investment options,
• Its potential to generate consistent rental income,
• The capital gains benefits when selling a property at a higher value, and
• The opportunity to claim tax deductions by offsetting property expenses against rental income.

However, to maximise the potential of your property investments, whether you own a single investment property or a diverse portfolio, obtaining a property valuation can offer significant advantages.

The Benefits of Property Valuation

• Ascertaining Your Property’s Current Market Value:

The primary purpose of a property valuation is to calculate the property’s value based on current property market evidence and variables.

A precise market value estimate is crucial for determining key financial figures including ‘rental yield’ and ‘capital gains tax.’

Additionally, when applying for loans or mortgages, having an accurate appraisal may help you unlock broader financing options from banks and other lenders.

• Evaluating Your Potential Investment:

It is important for all prospective investors to conduct thorough due diligence before finalizing their property purchases.

Pre-purchase valuations can provide property investors with essential information including insights into current market trends, comparable property data and upcoming local infrastructure developments, thus helping them to make more informed investment decisions.

• Expertly Planning Developments:

For investors planning to subdivide or develop property or land, customizable property valuation reports can be generated.

These can assess the property’s present value or project its future value, depending on the intended development proposal/s.

Subsequently, these reports can inform critical budgeting considerations and effectively evaluate the feasibility of proposed projects.

• Ensuring Greater Legal Protection:

A legally certified valuation report can serve as an important document across a range of property-related legal matters, such as settling an estate, resolving a property dispute, or calculating property taxes.

How Can You Get Your Property Valued?

Though various ‘online tools’ and ‘service providers’ can offer property appraisals, they may not provide legally certified reports, limiting their applicability in tax disputes or legal proceedings.

Consequently, to ensure greater accuracy, transparency and impartiality, a Certified Practising Valuer (CPV) accredited by the Australian Property Institute (API) should instead be consulted.

Our firm works closely with a broad network of CPVs and can help you obtain an accurate, legally certified property valuation.

If you or someone you know wish to discuss this issue further, or seek legal advice over  your property matter, please do not hesitate to contact us on 02 8999 9809.

Grammy and Oscar-winning music composer, A. R. Rahman, and his wife, Saira Banu, are separating after 29 years of marriage.

The divorce was initiated by Ms Banu, who explained that the separation was a ‘difficult decision [made]… after years of emotional strain.’ Following this, Mr Rahman also shared a heartfelt message on X, confirming the separation.

Challenges Experienced by Bollywood Couples:

Ms Banu’s divorce lawyer, Vandana Shah, shed light on how factors including ‘boredom’ and ‘growing indifference,’ rather than ‘adultery,’ may be the primary motivators behind high-profile Bollywood divorces.

She raised that these issues are often unique to extremely wealthy families including those with ties to Bollywood, where relationships are burdened with greater expectations than those in other marriages, potentially culminating in breakdowns.

She also discussed how potential interference from outsiders may present further obstacles for couples in celebrity marriages, by complicating personal dynamics and making conflict resolution more difficult.

A Dignified End:

Despite the challenges the former couple faced, Ms Shah emphasized that the relationship ended ‘in a dignified manner… [with] both [parties]… continuing to support each other and wish[ing] each other well.’

She clarified that their marriage was genuine, and that their divorce decision was made after careful deliberation.

The former couple, along with their three children, have kindly requested for the public to respect their privacy during this challenging time and thanked everyone for their kindness and support.

Overview of the Indian Divorce Process:

In India, divorce proceedings typically take anywhere between 6 – 18 months, depending on the Court handling their case, and its current caseload.

For a ‘Mutual Divorce’ under the Hindu Marriage Act (No. 25) of 1955, the procedure generally follows these six chronological stages:

• Petition filing – A petition is created to outline the reasons for the divorce and ensure that the parties are in mutual agreement.
• Summons Service – The petition is jointly filed to the Family Court through each party’s divorce lawyer/s.
• Response – The Court issues an order to record the oath statement, after reviewing the petition and accompanying documents.
• Trial – Both parties are provided with a 6-month cooling period to allow for reconciliation.
• Interim Orders – If no reconciliation occurs, the parties appear for a final hearing (which must occur within 18 months of filing the petition).
• Final Orders – The Court issues the divorce decree, legally ending the marriage.

It must be noted that divorce procedures and laws in India may differ according to religion.

If you or someone you know wish to discuss this issue further, or seek legal advice on family or divorce matters, please do not hesitate to contact us on 02 8999 9809.

Alan Jones, the former host of the popular Sydney breakfast radio show on 2GB, is currently facing charges related to 26 offences.

Breakdown of the Charges:

The charges comprise 24 counts of historic indecent assault and 2 additional counts of assault with an act of indecency, involving 9 alleged victims.

The historic indecent assault charges concern incidents that allegedly transpired between 2001 and 2019, encompassing 11 counts of aggravated indecent assault, 9 counts of assault with an act of indecency, 2 counts of sexual touching without consent and 2 counts of common assault.

The Alleged Victims:

The alleged victims are:

• Seven men,
• A young boy aged 17 at the time of the alleged offence, as stated by NSW Police Assistant Commissioner Michael Fitzgerald, and
• A ninth alleged victim discovered during the Police investigation.

Police have noted that some of the alleged victims personally knew Jones, and at least one was employed by him.

Investigative Journalist, Kate McClymont informed 9News that following the initial charges imposed, more individuals have reached out to her with further allegations.

The Investigation and Arrest:

Over the past few months, Nine Entertainment’s newspapers, 'The Sydney Morning Herald' and 'The Age' have published allegations from various young men alleging that Jones had indecently assaulted them.

These reports encouraged some of the alleged victims to come forward to police, prompting a ‘complex… protracted and thorough’ investigation, as described by NSW Police Commissioner, Karen Webb.

The investigation culminated in Jones being arrested at his Circular Quay residence at 7:45am on Monday, 18 November 2024. Detectives from the NSW Police Child Abuse Squad searched the harbour-front apartment and seized multiple electronic devices.

Upcoming Court Proceedings:

Jones has denied all allegations, with several high-profile figures including billionaire businessman and investor, James Packer, offering their support.

He has been granted conditional bail, encompassing travel restrictions and orders to not contact or harass his alleged victims, and is scheduled to appear in Downing Centre Local Court on Wednesday 18 December 2024.

We will continue to provide updates as the situation develops.

If you are an Australian citizen experiencing domestic, family or sexual violence, please call 1800RESPECT (1800 737 732).

If you or someone you know wish to discuss this issue further, or seek legal advice on matters concerning domestic, family, or sexual violence, please do not hesitate to contact us on 02 8999 9809.

Timeline:

On 10 September 2024, the Federal Government announced plans to restrict social media (hereafter, ‘SM’) use for teens, targeting various Social Media Platforms (hereafter, ‘SMPs’). This proposal was formed following elevated concerns by various media outlets and child safety experts over negative mental and psychological effects of SM on young users.

Subsequently, on 7 November 2024, the Government confirmed the age threshold for the ban to be set at 16, a stricter approach than the suggestion by South Australian Premier, Peter Malinauskas, to float a state-based law to block children under 14.

A national cabinet meeting was arranged between all Premiers and the Prime Minister on 8 November 2024, to approve this newly specified threshold and discuss rolling out legislation by next year.

The Proposal:

1. The Ban

The proposed ban would apply to children under 16 irrespective of parental consent (i.e. ‘no exemptions on age limit’). Additionally, “grandfathering arrangements” would be excluded, depriving existing young social media users of their access.

However, young people would not face penalties for bypassing the ban, as the onus instead rests upon SMPs to show that they are taking reasonable steps to prevent access.

The ‘eSafety Commissioner’ would subsequently act as Australia’s online regulator overseeing the ban’s enforcement and ensuring that SMPs act appropriately.

Non-compliant SMPs may face severe new financial penalties, potentially exceeding $1 million, were the eSafety Commissioner to acquire greater powers.

Consequently, if the bill is passed, SMPs would have approximately 12 months to implement appropriate technological measures to restrict SM access, or face these substantial fines.

1. Affected SMPs

The ban would cover a wide range of SMPs including, but not limited to:

• Facebook
• X (formerly Twitter)
• Instagram
• TikTok
• Snapchat
• YouTube (likely to fall within the ban’s scope)

1. Technological Implementation

In 2023, the eSafety Commissioner recommended a ‘double-blind tokenised approach’ wherein a third-party provider would securely transfer data between sites and age-assurance providers to safeguard user privacy.

Nevertheless, the Labour Government’s proposed age-verification mechanisms remain under review, pending to completion of a $6.5 million government-funded technology trial (testing biometric and government ID systems).

Ultimately, the proposed ban remains disputed with various supporting and dissenting parties.

If you or someone you know wish to share your thoughts or concerns over this ground-breaking proposal, then please do not hesitate to contact us on 02 8999 9809.

Although Artificial Intelligence (AI) and the Law have intersected for over three decades, recent advancements in AI and Machine Learning (ML) including the emergence of AI Legal Chatbots (from 2016) and the launch of novel Generative AI models like ChatGPT (from late 2022) have significantly transformed the scope and scale of AI Adoption in legal practice.

Examples of AI Usage:

Preliminarily, we must note that AI’s primary purpose is to augment, rather than fully automate tasks. Thus, AI is designed to assist, not replace, legal professionals, enabling them to perform specific tasks more efficiently and accurately.

For instance, AI tools can automate simple routine tasks including timekeeping and billing, whilst supporting critical research tasks, by providing lawyers with important information and insights to effectively draft essential documents and prepare for litigation.

Some tools offered by ‘search providers’ include ‘semantic search’ (to locate pertinent documents) and ‘passage level retrieval’ (to pinpoint and extract portions of documents).

Similarly, ‘e-discovery’ processes have used ‘classification’ (an ML practice) over the past two decades to effectively automate document review.

Contemporarily, AI Chatbots are useful for lead generation, efficiently collecting key information from clients about their legal disputes, thus enabling lawyers to analyse their circumstances and take prompt action (upon acquiring proper instructions).

Generative AI, like ChatGPT may be utilised as an invaluable research tool, drastically simplifying the process of legal research and citation.

The Benefits of Using AI:

1. Enhanced Efficiency

AI tools streamline legal research and enable rapid draft (e.g. contracts and agreements) generation, with clear, concise language. Subsequently, they can enable significant time savings for lawyers, whilst reducing the risk of human error when used appropriately.

This, in turn, allows law firms to deliver quicker, more accurate responses to client needs.

2. Greater Cost Reductions

Through this substantial time save, client costs may also be significantly reduced (lower billable hours). Clients thus receive greater value in proportion to their spending.

However, legal departments have also witnessed cost savings, as demonstrated by the Association of Corporate Counsel (ACC) and Everlaw report titled: Gen AI and Future Corporate Legal Work: How Ready Are-In House Teams?

The report outlines that ‘through using GenAI… 25 percent… of law departments… experienc[ed] cost savings on operational expenditures’ while ‘58 percent… expect[ed] a reduced relance on outside legal service providers.’

This effectively demonstrates how AI assistance has not only bolstered the internal operational efficiency of law firms but also reduced the need for external legal assistance, thus catalysing greater cost-effectiveness.

3. Enhanced Access to Justice

Where properly regulated, AI can grant individuals who can’t afford legal representation, an opportunity to access justice. It also enables them to logically structure their arguments in a concise fashion for appropriate court presentation.

Notably, a plaintiff awarded more than $85,000 in damages following a motorbike crash, utilised ChatGPT to bolster the organisational structure, accuracy and language of their legal submissions.

The Risks of AI:

1. Learning and Focus Risk

‘Learning risk’ may be encountered where the legal profession is unable to adequately integrate AI within its operations, thus falling behind emerging technologies that are widely publicly accessible.

Conversely, ‘focus risk’ may transpire where firms become overly reliant on AI, causing a decline in the quality of traditional legal service provision which requires lawyers’ professional experience (i.e. their ability to tailor innovative and versatile legal solutions).

2. Data Inaccuracy

Generative AI such as ChatGPT rely on data inputs that power their training and learning processes. Subsequently, contemporarily available Generative AI chatbots have been evidenced to provide inaccurate legal information and should be verified by qualified legal professionals prior to being utilised in legal proceedings.

Notably, a Melbourne Lawyer was recently referred to the Victorian legal complaints body (Victorian Legal Services Board and Commissioner) for inappropriately relying on an AI-generated (via Leap’s software) case citation list. This catalysed the adjournment of a hearing, particularly as the information’s accuracy had not been verified.

Irrespective of the benefits of AI, legal professionals have an ethical obligation to verify the integrity of this AI-generated data and should be consulted where individuals doubt its accuracy.

3. Data Privacy Concerns

ChatGPT retains unresolved data privacy concerns, as any client data entered may be subject to unauthorised access via data breach or cyber-attacks.

OpenAI (the company behind ChatGPT) has entered over 300 billion words from various online sources to train the system, some of which include personal information acquired without consent.

Thus, where engaged it is imperative for law firms to be especially cautious of its privacy implications and implement the appropriate safeguards to protect client data.

If you or someone you know has experienced any legal issues over AI-related matters or have had your data tampered with, then please do not hesitate to contact us on 02 8999 9809.

Initially introduced to Parliament on Tuesday,15 October 2024, the Residential Tenancies Amendment Bill 2024 has received Royal Assent on Thursday, 31 October.

Consequently, the Residential Tenancies Amendment Act 2024 No 75 (NSW) (hereafter, ‘RTAA’) has been enacted to amend the Residential Tenancies Act 2010 No 42 (NSW), with various beneficial consequences for renters.

Key changes include the abolition of ‘no grounds’ evictions, more pet-friendly renting laws, stricter rent increase regulations and bolstered payment protections for tenants.

The Abolition of ‘No Grounds’ Evictions:

Prior to these reforms, landlords possessed the legal capacity to evict tenants at the end of a fixed-term lease or during an ongoing lease without being providing any reason (‘no grounds’ evictions).

However, under the new laws, landlords must now provide a valid legal reason to terminate a tenancy regardless of the agreement type (whether fixed-term or ongoing).

The RTAA has defined ‘reasonable grounds’ for evictions, including:

• Significant renovations/repairs to the property;
• Property demolition;
• The landlord proposing to sell the property; and
• Changes to the property’s use outside of rental purposes.

However, existing grounds including ‘breach by the tenant’ and the ‘sale of the premises necessitating vacant possession’ remain valid.

If a landlord’s ground for termination is deemed not genuine, following Section 86 of the RTAA they may experience substantial penalties of up to $11,000, for an individual, or $71,500 otherwise.

Changes to Rental Laws Regarding Pets:

Under the new reforms, pets may be kept in rental properties with the landlord’s consent, provided the approved consent form is used, although assistance animals may be kept irrespective (per Section 73B of the RTAA).

Significantly, landlords must respond to appropriate consent applications within 21 days of their provision (Section 73D of the RTAA), whereupon they must specify whether consent is given or refused. If a response is not provided, consent will be automatically granted.

The landlord may set ‘reasonable conditions’ upon which consent is contingent, per Section 73E of the RTAA, including end-of-lease professional carpet cleaning, professional fumigation or other conditions reasonable to the type of animal and premises.

Conversely, Section 73F of the RTAA sets out the only grounds for the landlord to refuse consent, including, but not limited to, ‘inappropriate fencing, insufficient open space and the landlord residing at the premises.’

Disputes over consent (including the landlord’s reason for refusing consent) may be brought before the National Civil and Administrative Tribunal (NCAT) following the filing of an application.

Rent Increase Limits and Tenant Payment Protections:

The reforms ensure that rent may now only be increased once every 12 months irrespective of the lease type (whether fixed-term or periodic).

Subsequently, tenants may no longer be charged a fee for background checks or lease preparation.

Significantly, landlords must provide a fee-free and accessible option for rent payment, including options such as bank transfers and Centrepay, to ensure tenants may pay rent without incurring extra charges.

Consequently, these reforms aim to alleviate the financial pressure on renters while increasing the predictability of rent payments.

Please note: Different laws apply to those in living arrangements outside the scope of the Residential Tenancies Act 2010 (NSW) including student accommodations, renters without a formal tenancy agreement and people residing in a boarding house.

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 Federal Labor Government has recently announced plans to reduce all student debts by 20% if they are elected for a second term in the upcoming Federal Election (May 2025).

They have also proposed to raise the minimum salary threshold that individuals must earn before they are required to start repaying their loans.

What is HECS?

When students commence a university course, they may either pay their fees upfront or apply for a Higher Education Contribution Scheme Loan (HECS) via the Higher Education Loan Program (HELP).

Most students opt for HECS to allow for effective debt repayment over time.

When am I required to pay?

Students have the option to voluntarily repay their HELP debt at any time.

However, if a student’s annual income exceeds a specified ‘repayment threshold’ (currently set at $54,435) they must begin repaying their debt.

How much do I need to pay each year?

The annual compulsory repayment amount is calculated by the Australian Tax Office (ATO) when their tax return is lodged.

Additionally, if a student acquires a new job or changes their existing job, they must inform their employers about their HELP debt to enable appropriate amounts to be withheld from their regular pay and contributed towards compulsory repayment. These amounts are called Pay-As-You-Go (PAYG) deductions.

How could the proposed reforms affect me?

The proposed reforms intend to increase the current minimum repayment threshold from $54,435 from 2024-25 to $67,000 from 2025-26.

Significantly, HELP repayments will now only be calculated on the income above the $67,000 threshold rather than total annual income.

This transition may improve affordability and enhance student’s capacity to repay their loans, with the average debt holder projected to pay approximately $680 less per year.

Additionally, if enacted, all student loan debts will be reduced by 20%.

This would benefit anyone with the following loans:

• Any HELP loans (including HECS-HELP, FEE-HELP, STARTUP-HELP, SA-HELP or OS-HELP)
• VET Student loans
• Australian Apprenticeship Support Loans
• Student Start-up Loans
• Student Financial Supplement Scheme

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