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:

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:

  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.

  1. 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.

  1. 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).

  1. 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.

  1. 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:

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:

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

If you're going overseas to get married, then you would not be able to apply for a marriage certificate in Australia until that marriage was attended by an authorised Celebrant. Generally, overseas marriages are recognised in Australia if the marriage is recognised in the country where it took place and it fulfils the requirements of a valid marriage under the Marriage Act 1961. The requirements for a valid marriage under the Marriage Act 1961 are as follows:

Taking an example, requirements of a valid marriage in India under the Hindu Marriage Act 1955 are similar to the requirements mentioned above apart from the one, that the bridegroom must have completed the age of 21 and bride completed the age of 18 years at the time of marriage.

However, requirement under the Hindu Marriage Act 1955 for solemnization is not based on registration, and rather, under Section 7 is based on rites and ceremony which includes Saptapadi (taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. Further, Section 8 mentions that the validity of any Hindu marriage shall in no way be affected by the omission to make the entry in a register of marriages.

Hence, in the event where a Hindu couple validly married in India arrives in Australia without a marriage certificate could have trouble proving their marriage under Section 88G of the Marriage Act 1961, where prima facie evidence required is a document in the form of a certificate, record or entry of marriage issued by an authority of that Country. Having trouble proving your marriage in Australia then please get in touch with us.

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

 

Under the Australian laws, the paramount consideration shall be given to the best interests of the child which means to ensure that children’s interests are preferred over those of any other party, for example, proper parenting to help them achieve their full potential, and to ensure that parents fulfil their duties regarding care, welfare and development of their children.

With respect to parenting orders and child relocation the court must consider the following factors when assessing what is in the best interests of a child under section 60CC of the Family Law Act:

However, the court may deny a request to relocate, if the motive for relocation appears to limit the other parent’s access to the child. The above factors are to be considered alongside any history of family violence, abuse or neglect involving the child or a person caring for the child. Any family violence orders that apply must also be considered.

However, in many instances the competing interests of the disputing parents may eclipse the best interests of the child. Holistically, the best interest of the child is that the separation and divorce proceedings shall be determined peacefully and as expeditiously as possible so as to maintain the parental focus towards the child’s development and growth. Please get in touch in case you are concerned about your child’s best interest with respect to a family law issue.

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

If you're going overseas to get married, then you would not be able to apply for a marriage certificate in Australia until that marriage was attended by an authorised Celebrant. Generally, overseas marriages are recognised in Australia if the marriage is recognised in the country where it took place and it fulfils the requirements of a valid marriage under The Marriage Act, 1961. The requirements for a valid marriage under The Marriage Act, 1961 are as follows:

Taking an example, requirements of a valid marriage in India under The Hindu Marriage Act, 1955 are similar to the requirements mentioned above apart from the one that bridegroom must have completed the age of 21 and bride completed the age of 18 years at the time of marriage.

However, requirement under The Hindu Marriage Act, 1955 for solemnization is not based on registration and rather under Section 7 is based on rites and ceremony which includes Saptapadi (taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. Further, Section 8 mentions that the validity of any Hindu marriage shall in no way be affected by the omission to make the entry in a register of marriages.

Hence, in the event where a Hindu Couple validly married in India arrives in Australia without a marriage certificate could have trouble proving their marriage under Section 88G of the Marriage Act 1961, where prima facie evidence required is a document in the form of a certificate, record or entry of marriage issued by an authority of that Country. Having trouble proving your marriage in Australia then please get in touch with us.

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

A Binding Financial Agreement is a necessity not a choice - A stark difference between family law in Australia and India with respect to division of property between a couple on separation or divorce

Family law in Australia is in stark contrast to family law in India as a result of law based on personal laws in India and not on common law. For example, in India, a Hindu wife and husband could own their properties separately throughout the marital relationship, including separation or divorce. Particularly, Section 14 of the Hindu Succession Act 1956 clearly codifies that property of a female Hindu is her absolute property, including both movable and immovable property. The only liability which could arise on separation in India, in relation to Hindu couple, is maintenance.

At common law, once married, a husband and a wife become one entity and so do their properties; termed as a property pool/matrimonial asset pool.  Unfortunately, even inheritance and gifts are not protected assets. On separation and divorce, the Courts in Australia, for the division of properties, treat each case differently depending upon the circumstances of the parties such as each party’s financial contributions to the relationship, duties of each party, and the ongoing and future financial needs of each party. Though the proportion in which the division of asset pool would be made depends on many factors such as timing of inheritance/asset received/earned before, during or after the relationship/marriage; whether the asset was being used jointly during the relationship/marriage or it was kept separate; size of inheritance/assets; in case of will or gift, the intention of the testator or benefactor; any contribution of the other partner towards the asset to enhance its value or convert it into something of use, for example, an old apartment renovated using partner’s funds for renting purpose.

Entering into a binding financial agreement with your partner before marriage or even during marriage is the best option to prevent your assets from being considered a part of the matrimonial asset pool. For a binding financial agreement to be legally binding, it is essential to have consent of the other partner and that the partner must have received an independent legal advice from a lawyer. Though a binding financial agreement may or may not stand its test in a Court but it is always better if a professional lawyer has drafted it so as to make sure that each factor is taken care.

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

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