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.

  1. 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.

  1. 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.

A two-year-old girl, only known only as DIZ18 to the public, was evacuated from The Nauru Regional Processing Centre for urgent medical care following months of court proceedings in 2018 which forced the Australian Commonwealth to provide her with the correct procedures and medical treatment she required at the time.

Five years later and the child’s legal team has fought hard for this two-year-old girls human rights violations to be heard in front of the High Court of Australia. Eventually the legal team, made up of Maurice Blackburn Lawyers with senior associate Bridie Murphey, were able to continue their fight with a legal claim for compensation against the Commonwealth for ‘aggravated and exemplary damages’.

The claim for compensation was “strenuously contested” by the Commonwealth, which denied it even owed a duty of care to the child, despite the Australian Human Rights Commission claiming that ‘Australia has obligations to protect the human rights of all asylum seekers and refugees who arrive in Australia, regardless of how or where they arrive and whether they arrive with or without a visa.’

The two-year-old girl, her family, and her legal team however, fought hard for generous compensation from the Commonwealth for the delayed treatment and need for urgent medical care to protect this child’s life earlier in 2018.

Bridie Murphey, senior associate at Maurice Blackburn Law, states that “access to justice is a cornerstone of our legal system.” And that the mistreatment of such a young girl deserves compensation. “This case has been running through the courts for most of our client’s life. We are pleased that a measure of justice has been obtained for her and her family,” Ms Murphy says when interviewed by Lawyers Weekly.

She also mentioned that even the existence of detention centres such as Nauru should be considered “national shame” and “That the Commonwealth had to be taken to court to ensure this child received medical care is astounding…This case, and those that remain before the court, are an important reminder of why no child should be held in immigration detention.” She also urges the Commonwealth that all refugees seeking asylum and safety in Australia should be treated with the fairness and human rights of any Australian citizen.

“Few other countries go to such lengths to deliberately inflict suffering on people seeking safety and freedom.” says Anna Neistat, Senior Director for Research at Amnesty International

“Australia’s atrocious treatment of the refugees on Nauru over the past three years has taken an enormous toll on their well-being,” said Michael Bochenek, Senior Counsel on Children’s Rights at Human Rights Watch, who specialises in the mistreatment of children like said two-year-old girl on refugee camps like Nauru.

However, after the long legal battle, the two-year-old girl and her family were able to receive a generous compensation from the Australian Commonwealth for their lack of urgent medical attention on said child’s life. Her family’s whereabouts are unknown regarding the question of if they remain of the island, but the child now remains with her family and with access to immediate medical attention if required.

When a there is a dispute between parents, often the court will serve an order to ensure the welfare and financial stability of both parties and the child. This is legally binding for both parties. In family law cases, there are two types of court orders that can be served. The first being a Parenting Order. This concerns the child’s custody arrangements as well as communication with parents and travel plans. A Financial Order is in regard to spousal and child support, as well as property and asset settlement. Non-compliance or a breach of a family court order is a serious offence and carries significant penalties. This can look like not allowing your child to see their other parent or refusing to pay child support, either intentionally not complying, making no effort to comply, or forbidding another party to comply.

If you are found to be breaching a family court order, the court may:

in accordance with Division 13A of Part VII in the Family Law Act 1975. As well as this, the court may revisit the terms of the Parenting Order and the division of custody and child support.

However, there is the possibility of there not being any legal ramifications if there is a reasonable excuse for non-compliance with a court order. The excuses being; reasonable belief that a breach will protect or maintain the welfare of the child/person involved, a misunderstanding or lack of understanding regarding the court order or, the breach of order did not exceed that time that was necessary to protect the child or person.

If you have suffered from another party breaching a Parenting or Financial court order you have to file a Contravention Application containing an Affidavit, a valid Section 60I Certificate from a Family Dispute Resolution Practitioner, and what orders have been contravened. It is also important to collect any emails, texts, or other evidence that proves the non-compliance with the court order.

If you have any questions about this matter, please do not hesitate to contact our offices on 02 8999 9837

In the age of social media, there is a growing platform of people sharing everything about their lives online. This can be a tool used for good, providing people with a sense of community and understanding. However, in regard to family law matters, it is crucial to carefully monitor, and even stay off social media whilst in the midst of proceedings. Although seemingly harmless, there is a growing prevalence of social media being used as evidence in court proceedings which can affect the opinion and outcome of the case.

In the Family Law Act 1975 Section 121, it is stated that anyone who disseminates information regarding:

commits an indictable offence punishable by a year in jail.

As well as this, any posts that demonstrate inappropriate behaviour can also be used in court to attest to you being an unfit parent. If your post can be misconstrued to sound like you are denigrating the other party or that you are an unsuitable parent, it’s better to not post. And beware, even if you have deleted a post or message, there is a chance someone may have saved it, and they can be retrieved by police if necessary.

An example is the case of Lackey & Mae [2013] FMCAfam 284, the father regularly denigrated the court, Independent Children's Lawyer, and mother regarding the legal proceedings which resulted in a breach of the Family Law Act 1975 Section 121. He was ordered to take down all his posts and he and his immediate family were restrained from posting anymore. This outcome and evidence significantly affected the judgment, where the mother got sole parental responsibility for the children.

In order to maintain your safety and security on social media while undergoing legal proceedings, be sure to:

Should you wish to discuss this matter further, please do not hesitate to contact us on 02 8999 9809.

 

Child Support in Texas, United States of America

As of 1 September 2023, the State of Texas has given effect to House Bill 393, confirming that any person who is convicted of intoxication manslaughter will now have to pay restitution. In other words, this means that guilty persons convicted of drunk driving in Texas, will now have to pay child support if they kill a parent or guardian of a minor.

Known as ‘Bentley's Law’, the legislation was enacted to make drunk drivers financially accountable for the expenses associated with raising a family when an earner of that family is killed. The legislation also hopes to deter drivers from driving whilst intoxicated by demanding even greater consequences on perpetrators.

Under Bentley’s Law, perpetrators will continue to pay child support until the child is no longer a minor – meaning they must either turn 18 years of age or graduate high school – which ever is later. These payments are not an alternative to incarceration, in fact perpetrators will be required to make such payments despite being in prison. If a person cannot make these payments due to being incarcerated, they must make the payments no later than a year from their release. Bentley's Law also provides the option for perpetrators and victims to come to an agreed payment plan.

In Australia, offenders of drunk driving may be liable to pay compensation to their victims, including pedestrians, cyclists and passengers of other vehicles, or for clearly identifiable damages and loss, such as damage to another vehicle. However, the requirement by law in Australia does not, and may not for the foreseeable future, require a payment of child support from guilty parties.

Child Support in Australia

This raises the question as to how does child support work in Australia?

What is Child Support?

Child support in Australia refers to payments made between separated parents to help with the costs associated with raising their children. This is done so that both parents can continue to contribute to the lives of their children. Child support payments may be made from one parent to another, or even by both parents to a ‘non-parent carer’, such as a grandparent, with whom the child may reside (for at least 128 nights per year).

Types of Child Support

Child Support in Australia is run by the Australian Government’s Child Support scheme via Services Australia. Within Services Australia, parents may apply for a ‘Child Support Assessment’, whereby the service will determine the payment costings and manage the transfer from parent to parent. In a simplified explanation, Services Australia does so through their ‘8 step Formula’ which considers the parent’s annual salary of each parent and percentage of care, to procure the child support amount.

On the other hand, parents may elect to ‘self-manage’, which means that they are able to chose and manage how much they pay, at what intervals and through which channels. However, parents are only eligible to receive the base rate of Family Tax Benefit Part A, which is a lower amount.

If you have any questions about Child Support, please do not hesitate to contact our offices on (02) 8917 8700.

The way children are raised is significantly dependent on the sociocultural influences around them, and a contentious issue that is often discussed is the use of physical punishment on children as a form of discipline.

The NSW Law

Under the Crimes Amendment (Child Protection - Physical Mistreatment) Act 2001 No 89 (NSW), the use of excessive physical force to punish children is limited, and only specific parts of a child’s body can be subject to force. Further, Section 61AA of the Crimes Act 1900 (NSW), in criminal proceedings brought against a person arising out of the application of physical force to a child, there is a defence of “lawful correction” if the physical force was applied by a parent for the purposes of punishment, and that the physical force was reasonable having regard to various factors including age, health and maturity. The defence will not however be available if the Court determines that the force was applied to any part of the head or neck of a child or to any other part of the body of a child in such a way as to be likely to cause harm to a child that lasts for more than a short period.

Effect on Children

Whilst there are laws surrounding the extreme use of physical force against children, corporal punishment is highly prevalent globally and there is often no legislation effectively regulating the extremity that some children may experience. The World Health Organisation found that around 60% of children aged between 2 and 14 regularly experience physical punishment by their parents or caregivers, and evidence shows that this not only increases children’s behavioural problems, but also links to a range of life-long negative outcomes such as mental illness, increased aggression, and impaired socio-emotional development. Further, the American Psychological Association has proposed alternative ways to resolve child behavioural issues that do not involve conflict, including taking away certain privileges, using praise to shape behaviour, or ignoring the behaviour.

Should you wish to discuss this matter further, please do not hesitate to contact our offices.

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