In 2023, Australia will vote in a referendum to amend the Constitution, in order to include an Indigenous Voice to Parliament and potentially alter Australia’s history forever.
What is a Referendum?
In 1901, at the creation of Australia’s Federation, a legal framework binding the states was created, known as the Constitution. The Constitution provides the set of rules by which Australia is governed and outlines the structure and power dynamic between arms of Government. The Constitution can only be changed by a referendum.
A referendum is a national vote, whereby all Australians have a choice to vote between ‘yes’ or ‘no’. The most recent referendum was in 1999, in which Australians voted on whether they wanted Australia to become a Republic. The result was 54.87 per cent voting no, and therefore the Constitution stayed as is.
This year, Australia will vote on the below question:
A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.
What is The Voice of Parliament?
The Voice to Parliament will be an independent body for First Nations people to advise Parliament on matters that specifically impact Aboriginal and Torres Strait Islander peoples. The members of this advisory board would accordingly be appointed by First Nations peoples. The Voice was officially proposed Uluru Statement from the Heart on May 26, 2017; “We call for the establishment of a First Nations Voice enshrined in the Constitution.”
Does Everyone Agree?
The Voice to Parliament has been heavily debated. In favour of the Voice, many Indigenous people have voiced support, one example being artist Sally Scales, who is a part of The Uluru Statement Dialogue Leadership team and a Pitjantjatjara woman from the APY lands, who stated in an interview with BAZAAR Australia, the Voice will “allow communities to have an effective way to talk about our issues to politicians.” The Voice has also been supported by non-Indigenous peoples including Prime Minister Anthony Albanese and Amar Singh, winner of Australin of the Year Local Hero, who believes the Voice is significant in encouraging multiculturalism.
However, the Voice has also been contented. Independent Senator Lidia Thorpe, a DjabWurrung Gunnai Gunditjmara woman, has voiced concern with the Voice quoting that the bill is “appeasing white guilt,” in that it is a hollow attempt to support First Nations people. Similar statements have been made by the ‘No’ Campaign, led by Shadow Indigenous Australians Minister Senator Jacinta Nampijinpa Price and Nyunggai Warren Mundine. It is the standpoint of these campaigns that a better, more genuine and effect approach must be taken to support First Nations people.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.
Rice is one of the most consumed foods across the world, with India reporting for approximately 40 per cent of all rice exports.
However, the Indian government has banned non-basmati white rice, wheat, and sugar exports, effective from 20 July 2023. Current reports note that this ban will take place in order to stabilise the demand and price of domestic rice.
The non-basmati white rice industry is the largest rice export in India, said to be worth up to $1.4 billion per contract. The country has historically sold approximately 500,000 tons of the rice every month, where contracts signed in advance by traders will now be unable to proceed.
Traders have made attempts to obtain payment guarantees or letters of credit as the government imposes the restriction sooner than expected. However, it is unlikely that India shall allow for exporters to ship out their cargoes even if their letter of credit is still valid. Only shipments ready to be exported, and currently loading will be allowed to proceed.
The only exception is for exports requested by other countries’ governments, in order to satisfy basic food security needs.
As a result, many traders must now resort to the force majeure clause to cease their contracts. The clause allows for traders to cancel the contract due to unforeseen, external circumstances which prevent their obligations from being met.
Indian traders have stated that the country’s local rate will most likely drop as the ban is enforced nationwide. While global prices are estimated to increase, the lower prices in India are likely to cause rice traders to suffer losses, especially those with an international network.
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 are police assisted AVOs
An AVO or an apprehended violence order is an order for the protection of one person from another person in circumstances for the victim of physical assault, threats of physical harm, stalking, intimidation or harassment and has a reasonable fear to believe that this behavior will imminently continue. A person over the age of 16 or a Police Officer can apply for an AVO. Police will assess your situation, obtain a statement if required and if they believe and suspect that an ADVO is necessary to ensure your safety and protection, they have an obligation to make the application on your behalf.
Police AVOs are appointed by the police when it is determined that an individual needs protection from another individual and the circumstances deem it necessary.
The conditions of a AVO are
The defendant must not do any of the following to protected people, or anyone who has a domestic relationship with:
- assault or threaten;
- stalk, harass or intimidate; and
- deliberately or recklessly destroy or damage anything that belongs to protected people.
Restrictions put in place against the Defendant include the following:
- No longer being allowed to reside at the family home
- Not allowed to contact the protected person except through the use of a lawyer,
- Not allowed within a certain distance from the protected person/s residence, work or school.
- Not allowed to be in the company of a protected person for at least 12 hours after taking alcohol or drugs.
- Not allowed to possess any firearms or prohibited weapons.
- Not allowed to try and locate the Protected Person.
What to do if the victim does not want the accused person to be charged
Even if the victim doesn’t want criminal charges to be filed, they can still be filed by the police if there is enough evidence available. The NSWPF, following its guidelines and the law, makes the call on whether or not to pursue prosecution. Some individuals who report an incident to police later say they conducted their story to get them to retract the AVOs. Police will keep in mind the dynamics of domestic violence and the probability that the alleged victim’s admission of making up the story was due to fear or other pressures as they investigate the falsified report.
How to withdraw an AVO
Representation can be used to withdraw police assisted AVOs. Representations are large legal briefs submitted to the Police Department by a solicitor which can be used to get rid of or alter the terms of the AVO. Criminal charges like assault can be easily dropped with assistance of representation. An experienced AVO lawyer is able to help you with preparing representations to withdraw an AVO.
In summary, An AVO or an apprehended violence order is an order for the protection of one person from another person due to them being the victim of physical assault, threats of physical harm, stalking, intimidation or harassment and has a reasonable fear to believe that this behaviour vior will continue. Even if the victim doesn’t want criminal charges to be filed, they can still be filed by the police with the necessary evidence, however representation can assist in withdrawing or altering the terms of the AVO.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.
I have recently completed my work experience at Freedman and Gopalan Solicitors and it has been a pleasant experience which has given me insight on many things including how an office workplace functions in the corporate world and has additionally showed me how matters regarding family law are handled in the law industry. As this was my first time experiencing a workplace environment I did not know what to expect.
My first day in the firm was very exciting as I began to get acclimated to my new working environment. I completed simple tasks like archiving, stapling and hole punching legal documents. While these tasks seemed insignificant, I learned that each of the tasks which I completed was crucial in the case and were vital in running the law firm. Additionally, I was also given the chance to view a live legal conference between a client and our principal solicitor, Mittu Gopalan. This teleconference gave me insight on how lawyers function and deal with client’s issues.
My second day at the firm was also very stimulating. I completed a number of admin tasks like archiving, stapling and hole punching legal documents whilst becoming more adapted with my working environment which improved my efficiency. While working, I began to comprehend different cases and how cases in family law were dealt with. In particular, a long-time employee was leaving the firm which revealed the tight-knit community of the firm as they shared stories over some cake.
I learned a lot of new tasks and procedures on day three. I learnt how to archive old physical folders that had recent developments. Subsequently after retrieving the folder, I would extract all of its contents and place them into a dummy folder which essentially means that it will be kept in archives or thrown out. Additionally, I created a chronology of events. This meant that I had to meticulously peruse through a file scanning for any important dates that must be included within the chronology. After taking note of all the important dates of events that occurred, I was then given a precedent in order to make one for the current matter. This was extremely exhilarating as I was given the chance to create a real court document from scratch.
On the last day I did more of the same work, and had the opportunity to write this article. This experience has been very eye opening and has allowed me to discover my passion for pursuing a career in law. It has also helped me attain various skills relating to the profession such as creating legal documents, filing correspondence and law firm etiquette.
Over the course of these past 4 days I had also been writing several articles on topics which was beneficial for me to be able to work on my report writing skills and gain a better grasp on how the law and lawyers works within the legal system. I wrote articles on topics like the Adidas class action lawsuit over Kanye West’s Yeezy brand, time limits in family law, police-assisted AVOs and the Medibank security breach class action lawsuit.
In summary, the law firm of Freedman and Gopalan has assisted me in gaining a better understanding of the corporate and legal world and additionally has helped me experience what it would be like to work in my dream job. This company has provided me with their utmost care and an overall warm experience and I would most definitely recommend this firm to anyone who wants work experience and has a passion for following a career in law.
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 class action has been launched on behalf of MediBank customers whose highly sensitive health data was stolen during the massive Medibank data breach occurring last October.
What is a class action lawsuit
A class action is a type of lawsuit in which one person brings a claim on behalf of a wider group of people who have been affected in a similar way, or by the same conduct. By grouping claims together and pursuing them collectively, the overall value of the claim goes up, while the cost to each member goes down. Some examples of prominent class action lawsuits and their settlements are BP’s deepwater horizon oil spill of 2010 in which the settlement was 20 billion and the largest settlement being 206 billion within the tobacco industry.
What happened during the MediBank data breach
In October 2022, data from millions of current and former Medibank customers were hacked by a Russian ransomware group that released the information in stages onto the dark web. In what became the largest security breach of its kind in Australian history, the hack revealed the personal details of 9.7 million current and former customers, including 5.1 million Medibank customers, 2.8 million AHM customers and 1.8 million international customers.
What is the class action about and trying to achieve
Law firm, Slater and Gordon, has issued a class action in the Federal Court. Its objective is to seek compensation for people caught up in the October 2022 breach. The claim argues Medibank and AHM failed to take reasonable steps to protect their customers' personal information from the data breach, failed to destroy former customers' information and neglected their legal obligations in collecting, using, storing and disclosing consumer information.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.
Shareholders have filed a class action lawsuit against Adidas over the Yeezy brand under the claim that the company had knowledge of Kanye West’s problematic behavior before ending their partnership.
Background
Kanye and Adidas began their partnership in 2013 following a failed collaboration with Nike as he was unable to have his desired creative freedom and obtain royalties. The collaboration between Kanye and Adidas subsequently resulted in Adidas sales increasing by 18 percent within the next 3 years, and by 2019 the Yeezy brand was valued at 1 billion dollars whilst generating 1.3 billion in sales.
However, amidst the success Kanye’s relationship with Adidas began deteriorating due to his outspoken political nature, making their partnership problematic. In May 2018, Kanye said that “slavery sounds like a choice” in which the CEO of Adidas, Kasper Rorsted, was forced to make a comment reaffirming the company’s relationship with Kanye West. In June 2022, Kanye accused Rorsted of ripping off his Yeezy Slide design to create the company's Adilette slide. The rapper later took to social media to call them "a fake Yeezy" and demand Rorsted speak with him. Finally, Adidas cut ties with the rapper after he praised Adolf Hitler and the Nazis in his anti-semitic comments in an interview on Infowars.
What is currently going on
Shareholders in Adidas filed a class action lawsuit against the company due to negligence to minimise risk exposure after Kanye’s anti-semitic comments led to a subsequent steep decline of the share price for Adidas. The lawsuit alleges that in an annual report for the year 2018, Adidas "ignored serious issues affecting the Partnership" with Kanye "and the resulting potential risk to shareholders". Additionally, in an inventory risk section of the report, the lawsuit further states that Adidas ignored the risks of oversupply of Yeezy-branded shoes in the event that the partnership were to suddenly end. However, Adidas stands to lose up to 1.3 billion dollars due to oversupply in Yeezys. If the company decides not to sell them it could potentially report its first loss in three decades.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.
Here are the time limits for different areas in family law to help you out in your legal matters!
Different time limits for separation
There are various time limits for separation in family law. Time limits are important dates provided for in the Family Law Act. When dealing with separation there are many issues competing for your attention such as property, parental issues and financial assets.
Property adjustment
When dealing with property, it is recommended to make a property adjustment order as soon as possible after the separation as halting the proceedings can be disadvantageous. In the matter of Bevan & Bevan [2014], separation had occurred 18 years earlier and the parties had arranged their finances by agreement over that period. In this case, the husband received no assets because he had moved on with his life, and since all the assets were in his wife's name, the Courts did not see it fit to make adjustments regarding property.
Parental issues
Parental issues are also an issue when dealing with time limits in separation. In parental matters, proceedings can be commenced at any time. If Final Orders have been made in parenting matters, then proceedings can only be recommenced if there is a significant change in circumstances. However, it is recommended that proceedings should commence as soon as possible for the foremost outcome.
Financial assets
Financial assets are also an important issue concerning time limits in family law. If you are married, applications for financial assets adjustment must be made within 12 months of your divorce or nullification becoming final. Ensuring that you do this within a year will secure the best outcome in splitting the assets
When client needs to take action
In a majority of cases ensuring that you take action concisely after the separation has occurred is best in securing the best possible outcome whether it involves property adjustment, parental issues, financial assets etc.
In summary, there are various time limits for separation in family law. Time Limits are important dates provided for in the Family Law Act. When dealing with separation there are many issues competing for your attention such as property, parental issues and financial assets and in a majority of cases ensuring that you take action concisely after the separation has occurred is recommended to achieved best possible outcome.
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 Paid Domestic and Family Violence Leave?
“Sustained periods of employment can provide financial security, independence, social networks and increased self-esteem” (Australian Council of Trade Unions, 2016 as cited in ANROWS, 2019b, p. 1).
Since 1 February 2023, (1 August 2023 in the case of small businesses) every employee in Australia is entitled to 10 days of Domestic and Family Violence Leave at their usual rate of pay across a 12-month period, allowing them to access support and assistance during work hours, as well as attending court or organising relocation.
Employers may ask for evidence of the need to take time off for such purposes but family and domestic violence leave will not be mentioned on pay slips.
It is hoped that this initiative will offer a “protective factor” for victims particularly vulnerable to “enduring economic stress” (ANROWS, 2022a).
Why is it important?
In a recent study using data from the Personal Safety Survey, of the 30% of women who had unsuccessfully attempted to leave a violent relationship, 15% had been forced to return for financial reasons. (Summers, 2022, pp. 9–10)*
Another recent report by ANROWS found that economic or financial abuse had featured in 27.4% of relationships resulting in the death of a female victim at the hands of a male primary domestic violence abuser. (Australian Domestic and Family Violence Death Review Network & ANROWS, 2022, p. 55).”
If domestic violence leave can reduce the economic disadvantage that drives victims to return to their perpetrators, it’s no exaggeration to say that it could save lives.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.
*Anne Summers, The Choice: Violence or Poverty
It isn’t often a 16-year-old is entrusted to work in the corporate world with the opportunity to experience a traditional 9-5 job, however, working at Freedman and Gopalan was nothing short of exciting.
My short 4-day stay at the firm gave me insight into the law industry and provided me with knowledge on what to expect in university, my career and potential clients. The generous 10 am - 4 pm hours with an hour lunch break in between allowed me to sleep in but also provided me with ample time to learn skills related to the law field. My days were spent reading affidavits, writing chronologies and articles and learning the documentation system of the law firm. While reading these cases, when a legal concept came up that I needed help understanding, the solicitors took time out of their busy schedules to explain it to me.
My time at F & G taught me the importance of the legal system in our society and the impact one can make as a lawyer to person. As I’ve got a passion for travelling, I was looking for a field that would allow me to explore the world and meet new people. My stay at F&G taught me the importance of communication and genuine connection and concern in the legal field.
It was evident almost immediately that everyone at F & G was tightly knit, sharing inside jokes and having friendly competitions which I never felt excluded from. The enthusiasm during Christmas to decorate and fill the office with the spirit was infectious, especially when having a good laugh at Elf on the Shelf. Jasmin and her colleagues frequently checked in on me and made sure that I was accommodated. Mittu was warm and welcoming, always striking up a conversation with me when she saw me and trying to know me better.
To anyone considering a career in law or perhaps wishing to understand the inner workings of a law firm, I would definitely recommend Freedman and Gopalan. My time here was like my very own Legally Blonde film - immersed in the legal world and surrounded by encouraging and friendly people. I feel so fortunate to have spent my work experience here and I would do it again in a heartbeat.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.