The Family Law Act of 2023 and Family Law Amendment (Information Sharing) Act 2023 were both passed by the Australian Parliament on 19 October 2023. These include a variety of changes in the court system. These latest changes, to both law acts, will not affect any property proceedings. The Family Law Act of 2023 brings new laws containing new ways in what the court must consider when deciding what may be in a child’s best interest and how separated parents go about making decisions for their children.

What is Family Law Act of 2023?

These recent changes will affect people who are in an ongoing parental matter in court (which has not been finalised before 6 May 2024) and anyone who’s trying to settle on a parenting arrangement for their children. The number of changes to the law about parenting arrangements will include:

• Now being able to provide a concise list of factors for the courts to consider when making parenting arrangements in the best interests of the children.
• Introducing more sections into the process of decision making about long-term issues regarding a child.

Other changes that are not related to parenting arrangements and are still apart of the Family Law act of 2023 are:

• Expanding the meaning of the existing terms ‘member of family’ and ‘relative’ to create a more inclusive environment for Aboriginal and Torre Strait Islander’ and their concept of family.
• Requirements for Independent Children’s lawyers to meet with a children/s who are apart of a court hearing if they are over 5 years old (only if the children themselves wishes to meet with a lawyer or if exceptional circumstances apply)
• Impact applications which now apply alongside court orders such as Contravention Applications (applications made to the court claiming another party is not following a court order)
• New powers granted to the court in attempt at preventing harmful litigation (which also involves making harmful proceedings orders.

What is the Family Law Amendment (Information Sharing) Act 2023?

The Family Law Amendment (Information Sharing) Act was introduced late last year. This was in the effort to raise and enhance more awareness about child abuse, children of neglect and family violence information throughout the Courts, police, and child welfare agencies.

Family Law Amendment (Information Sharing) Act 2023 presents:

• Protects against disclosing information which identifies a notifier of alleged child abuse or family violence (unless given exceptional circumstances)
• Introduces a new requirement where parties must seek the Court’s permission before issuing a subpoena to an information sharing agency which has been ordered to provide documents or information.
• Enforces more safeguards into information sharing about cases of child abuse and family violence.
• Introduces provisions about how relevant information is to a case for admission and whether it should be shared or not.

When will these changes come into effect?

Starting 6 May 2024, all the above changes for both law acts will come into effect and apply to all new and existing cases in the Court. Although it should not apply if a final hearing has begun, some changes could apply depending on the circumstances.

What does this mean for Practitioners?

Parties and Practitioners who are preparing to file an application with the court should consider timing and how the laws maybe affect their application. Practitioners of the Law or any parties currently involved in a proceeding who have hearings after 6 May 2024(based on an assessment of relevant application proceedings), will have the new law applicable to them. Any submissions that have been filed or orders that have been looked for must be in accordance with the new laws.

If you or someone you know wishes to discuss this issue further, please do not hesitate to contact F&G on 02 8999 9809.

What is a Will?

A will refers to a legal document that clearly states how someone would like their assets to be distributed to whomever they please. Various assets that are included in wills are houses, cars, land, various property, money and personal belongings. According to Australian law,  a will must only be prepared by who a person is deemed to have ‘full testamentary capacity’(one legal and mental ability to make a will). After someone passes away, the executor(someone entrusted to fulfil the wishes of the will) appointed in that will apply for probate. Once probate has been granted, they will then transfer or sell the assets according to the gifts within the will and distribute these to the relevant beneficiaries.

What makes a will valid?

In order for a will to become valid in Australia it must:

• Completed in writing, (can be either typed or printed)
• Signed by yourself or another person at your direction( another person may only sign however if physically unable to and still must be in your presence.)
• Witness by two adults in your presence when you sign it.

What if there is no will?

In the event that someone passes and does not leave behind a will, the next of kin is required to suitably deal with the assets in the Supreme Court of NSW. If there is no one available to dispose of another’s assets,  this is also known as intestacy meaning that the deceased failed to deal with their assets. The court that may be granted the permission to give the power of the assets to:

• NSW Trustee and Guardian
• Any other person that the court sees fit.

So why make a will?

A will is a legal document that can give you a voice in your presence once you die. Reasons someone might want to get a will includes but are not limited to:

• Make sure your assets go where you would like them to go.
• Being able to make sure the people you love are cared for after passing.
• You can leave specific instructions for your family and have a firm voice.

Should you wish to discuss any legal issues, please do not hesitate to contact our offices on 02 8999 9837.

Trigger warning for distressing content.

A 10-year-old girl from Boolaroo Newcastle was found on 29 April 2024 with multiple stab wounds in her home. Her sister, who is 17-years old, has been charged with a domestic-violence related murder.

Emergency services rushed to the home Monday afternoon after receiving numerous 000 calls, but the 10-year-old succumbed to her wounds at the scene. Homicide squad commander Danny Doherty has stated the Prosecution intends to allege that the 17-year-old is solely responsible for the death. He also commented that this incident is “unthinkable” and has become a “very sensitive situation”. At this time, the incident has been deemed to be “out of the blue”. Superintendent Tracy Champan advised on 30 April 2024  that there are no records of the police being involved with this family previously for issues such as what occurred.

The 17-year-old cannot be named as she is under 18 and considered a juvenile. However, she did not appear in Broadmeadow Children’s Court. Her defence lawyer advised the Court that she would not be applying for bail and instead would remain in custody on remand. She will be appearing in Court in June.

If you or anyone you know needs help, call 1800 RESPECT (1800 737 732) or Kids Helpline on 1800 551 800.

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

For the first time ever in Queensland, pill testing was offered at a festival, ‘Rabbits Eat Lettuce’. This is the first instance the service has been provided since the Queensland government announced their plans to roll out pill testing services and allocated nearly $1m towards funding the service.

The new approach by the Queensland Government comes as a result of the significant number of deaths in 2021 attributable to drugs. There was a total of 2,231 drug-induced deaths in Australia – the equivalent of 5 deaths a day.

Drug testing has been found to be a ‘commonsense harm reduction approach’ that has been used across the world. In 2018, the ACT was the first state to trial the service at the festival ‘Groovin the Moo’. However, Queensland is the first state to commit to the service on an ongoing basis.

Along with the pill-testing service, the initiative is intended to reflect the commitment to minimising harm, empowering festival-goers with information, and to provide discreet, legal and medically approved testing aimed to reduce the risks associated with substance use.

Importantly, the service does not only test for substances, but professionals involved in these programs also provide advice, information and any other assistance necessary to any individual seeking to access the service.

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 Evatt List is a specialist list consisting of Senior Judicial Registrars, Judicial Registrars, Court Child Experts and court staff, who are chosen to manage cases that are considered to be high risk. These cases will often require more intensive case management and resources.

The Evatt List was developed by the Courts to ensure that families who are the most vulnerable are provided with resources, support, and court events without extensive delay in order to prevent the prolonging the risk of any harm or trauma.

The Evatt List prioritises the safety of the parties, children, and any other third parties involved. If parties are required to attend Court for a hearing, the Court may put in place safety measures such as attendance via telephone or video web conference, or a safety waiting room where specific people are not allowed to enter. If there are further concerns about your safety or your child’s safety when attending Court, speak to your solicitors as you may be able to obtain a protection order.

For the process on how Court events happen whilst being allocated to the Evatt List team, see the following link: https://www.fcfcoa.gov.au/fl/pubs/guide-parties-evatt-list

Should you wish to discuss any issues, please do not hesitate to contact our offices on 02 8917 8700.

I recently completed a week of work experience at Freedman & Gopalan Solicitors and absolutely loved it. From the moment I stepped into their CBD office, I was welcome

Throughout the week, I had the opportunity to engage in various legal tasks, from learning about chronologies and affidavits to writing articles on family law topics, which helped improve my knowledge of the legal system and current affairs. I was also entrusted with administrative duties such as scanning and destroying enquiries, writing my own chronologies, archiving cases, and operating legal programs like LEAP. These hands-on activities provided invaluable insights into the workings of a law firm. Additionally, I was able to read through past matters whilst completing these tasks, some of which I was really engrossed in. As Freedman & Gopalan is centred primarily around family law, I learnt the most about the legal logistics behind divorce, adoption, and domestic violence.

One of the highlights for me was being able to ask experienced Australian lawyers as many questions as I liked. Contrary to the stereotypes of lawyers always being serious and intimidating, the atmosphere at Freedman & Gopalan was very welcoming and approachable. The team demonstrated professionalism alongside warmth, often cracking jokes and making sure I felt included. As someone with no lawyers in the family and limited exposure to the legal field, this was an invaluable opportunity for me to gain insight, guidance, and advice. I could tell Mittu Gopalan, the firm’s principal solicitor, was a busy woman but she seemed very connected to her staff and frequently took the time to check up on me, which I valued.

Overall, my time at Freedman & Gopalan Solicitors has been immensely worthwhile. I left with a deeper understanding of the legal profession, newfound confidence, and a genuine appreciation for the work lawyers do. For anyone considering a career in law or simply seeking insight into the inner workings of a law firm, I wholeheartedly recommend Freedman & Gopalan. It’s an experience I won’t forget, and I am grateful to have been offered it.

Three in four families in Australia faced debt in 2020, a statistic that continues to rise by 7.2 per cent according to the Australian Bureau of Statistics. Such debt can be accumulated in many forms and may present itself as a home mortgage, a university HECS debt, credit card debt or repayments made for a car.

It is a common question whether debt ‘dies with you’ or whether debt can be passed on to a loved one. When a person passes away, their ‘executor’ is responsible for their assets. Should this person have a Will, their executor will be nominated by them. It is this executor that will be responsible for repaying any debts owed by the deceased with their assets. Once all debts have been paid by the executor, they may then distribute the remaining assets to your beneficiaries (that is, people nominated in your Will to receive the benefit of your assets).

If the value of the deceased’s assets is not enough to pay the debts, the executor may proceed to sell any properties or assets to pay the debts using the sale proceeds.

When Can Others be Responsible for your Debt?

Another person may be liable for a debt if the debt is secured against an asset that is owned by that other person. This means that debt is supported or ‘secured’ by collateral or security, such as a property or other assets.

Secondly, if more than one person is named on the debt, then all persons named are responsible for the debt, even if one person passes away. If one account holder dies, their estate may be used to pay off part of the debt or the joint account holder will be responsible for the whole debt.

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 child support?

Under Australian Family Law, both parents are legally liable to support their children financially after divorcing or separating.

Child support payments are a financial contribution made from parent to the other, solely for the care of a child or children. This most often happens where one parent has the children in their care for the majority of the time, or where parents have a significant disparity between their incomes.

What should I do if my ex is not paying?

Australian Family Law regards non-payment of child support as a serious offence and can lead to severe consequences. If your ex has stopped paying child support, here are some key steps you can take prior to taking the legal route:

1. Talk to them

If it is safe for you to do so, your first and best option would be to contact your ex-partner, to politely establish the reason they have stopped payment. It may be that they can longer afford to because they lost their job or because they have been ill and unable to work.

If they are genuinely unable to pay, you can try to come to some agreement where they pay a portion until they are back on their feet.

2. Advise Services Australia

You should contact Services Australia, who have legal ways and means of ensuring your ex continues to pay child support. The same also applies to a parent who, for their own reasons, is genuinely unable to pay child support, so Services Australia is aware of the non-payment and the reason for it. Services Australia may be able to adjust child support payments accordingly.

3. Consult a lawyer

If that is unsuccessful, the earlier you consult a child support lawyer to review and advise on your legal rights and your options, the better. If all attempts to recover overdue child support fail, and your ex has the means to pay, litigation may be the next logical option.

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

Are you looking to commence legal proceedings with Freedman and Gopalan Solicitors?

Our Process

1. First, submit an enquiry on our website (https://freedmangopalanlegal.com.au/) – this includes providing your name, contact information, and what you wish to discuss with our solicitors! You also have the option to call our offices at 02 8917 8700 or email us at reception@freedmangopalan.com.au in order to make an enquiry.
2. Shortly after, you will receive a letter from our offices requesting for you to attend an Initial Client Consultation with our principal solicitor, Ms Mittu Gopalan, in order to discuss your matter further. You will be provided with 3 different timings to select your conference time.
3. Once you reply to our email with your confirmed timing, we will forward you a diary invite to lock in your conference. You will also be required to complete and return our Client Details Form and Initial Chronology Form, along with a copy of your driver's licence.
4. Following your consultation, a letter be forwarded to you, confirming the advice provided by our principal solicitor and your instructions to move forward or not.

What is our Client Details Form? Our Client Details Form ensures we have all the necessary information required to contact you and to also conduct a Conflict-of-Interest check, ensuring that we have not acted on behalf of or acquired confidential information from the other party in your matter.

What is our Initial Chronology Form? Our Initial Chronology Form allows our principal solicitor to gain more understanding of your matter prior to the Initial Client Consultation. This includes providing important dates and events which have occurred.

Tip: In addition to the Initial Chronology Form, we highly recommend that you also forward our team any questions or concerns you have prior to your consultation so that you can be provided with thorough advice.

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