The recent victory of the Labor party in the 2022 federal elections saw relief for many asylum seekers who had been kept in detention centres awaiting deportation – namely, the Murugappan family, a family of four who are Tamil refugees from the Sri Lankan civil war.

Four years ago, the family was taken from their home in the central Queensland town of Biloela and placed in immigration detention in Perth where they were kept under close watch and unable to leave the state. The coalition had been adamant in asserting that they would not be willing to grant them permanent residency since their arrival in Australia was by boat and were planning on deporting them at their soonest available time, however a last-minute injunction in 2019 delayed this process and they remained in detention.

The forceful removal of the Murugappan family from their home caused major backlash from the people of Biloela, who started campaigning for their return. This caught the attention of the Labor government, who promised to grant the family a visa and permit their return home to Biloela. The result of the election proved to be in the favour of the Murugappan family, as the coalition lost government. “We knew how much was riding on that election yesterday and in the end, we could go to bed last night knowing that they were safe,” says Fredricks. a social worker in Biloela.

Immediately after the result had been confirmed, Fredricks rang Priya Murugappan, and her husband Nades arrived shortly after from work during Scott Morrison’s concession speech. The couple was filled with joy at the result. “To get to that last night was so incredibly special,” Fredericks said. “We’ve never seen their smiles so big; we’ve never seen their faces look so relaxed – the toll of 20-plus years of trauma falling away as they actually finally processing that they are safe.”

The family has begun legal action regarding the issue; however, the new immigration minister can easily resolve it. Fredricks assured their confidence in the Labor party, who assured them that the family’s return to their home was a top priority, however the situation becomes more complicated, seeing the election defeat of the Labor party’s immigration spokesperson. A clear result is unlikely to be announced until Labor leader Anthony Albanese addresses the situation.

Until then, the family remains relieved, and hopeful for their future as free residents in Australia. Fredricks hopes that they can return in time for the Biloela Flourish multicultural festival in June.  “I guess our first step is just getting those plane tickets,” she says, “We just want their feet back here in Bilo.”

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

After years of controversy and debate, NSW has become the last state in Australia to pass a voluntary assisted dying legislation.

The campaign to legalise voluntary assisted dying has been fronted by many who lost loved ones who suffered great pain in their final days. MP Alex Greenwich says that this major social law reform reflects NSW “finally pass[ing] a threshold of honesty and compassion. Honesty that not all people die well, and compassion that people with advanced and cruel terminal illnesses will have the same end-of-care options as those in every other state”.

This monumental landmark in the NSW legal system means that people with a fatal diagnosis will be able to access voluntary assisted dying. Access to voluntary assisted dying is restricted to people with terminal illnesses who will die within six months, or 12 months in the case of a person with a neurodegenerative condition experiencing unbearable suffering. The person must be found to have capacity to make the decision to go ahead voluntarily without duress, and the application must be assessed by two medical practitioners.

The ratification of this law however has also attracted opposition. Finance Minister Damien Tudehope told the Upper House during the final vote that enacting this legislation would be a “dark day” for NSW.

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

A Power of Attorney is a legal document that appoints a person (or people) as the attorney-in-fact and gives the power to act for another person. The Attorney then manages the assets and makes financial and legal decisions on behalf of the person who cannot do so themselves.

2 Types of Power of Attorney

Why do you need a Power of Attorney?

At any time because of illness, injury, or disability, there is a chance that you will suffer from temporary or permanent loss of capacity. A Power of Attorney that is executed reduces the risk of having a court or tribunal appointed person manage your finances.

Who should I choose as my attorney?

An attorney must be 18 years old and have capacity to make relevant decisions. Your attorney can be a:

What can a Power of Attorney do?

A Power of Attorney can be used for almost any financial purpose including:

In NSW an attorney can only make financial and legal decisions. For someone to make healthcare, lifestyle, and medical decisions you can appoint an Enduring Guardian.

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

Sri Lanka’s economy is now under immense pressure to crash with the invasion of Ukraine escalating gas prices and the government struggling to recover from the economic downfall caused by COVID-19. Though the crisis is not purely because of these reasons, it is the accumulation of government mismanagement that has been going on for decades.

Nepotism is present in the Sri Lankan government as the Rajapaksa clan occupies several key roles in the government and control 24% of the nation’s money. This has of course sparked public outrage as they believe the family living in luxury is not doing what is best for the nation.

How did the crisis start?

The current prime minister of Sri Lanka, Gotabaya Rajapaksa, issued tax cuts in 2019 which had severely reduced revenues at the time the pandemic equally devastated the economy. It is well-known that Sri Lanka is dependent on foreign affairs and tourism as it makes a large part of the country’s earnings. Rajapaksa has also given substantial amounts of money to China to fund for zealous infrastructure plans, which has affected their ability to repay external debt. Furthermore, the Rajapaksa government banned chemical fertilisers which has impacted agricultural produce of critical crops.

Sri Lankan’s Economic Downfall and People’s Response to It

Sri Lankans are finding themselves amid poverty as price inflation skyrockets and electricity outages grow more and more frequent. Households and business have endured daily power cuts since March with the potential to last to 13 hours and basic food necessities have been notably scarce. Without the money to pay for importation of products, there has been a recent paper shortage where schools had to cancel exams. Hospitals are also running low on essential medicines and have been forced to stop performing surgeries as an extreme.

Thousands of protesters have been reported to be flooding the streets of the capital city, Colombo. They have been holding up signs demanding for the resignation of the President while banging and chanting to traditional music. There have also been reports of protestors setting a bus on fire just outside the residence of the President.

In response to this, the President declared a national state of emergency but has lifted it since many significant parties of the government has resigned due to its failing system. It is apparent that with the tensions of conflict continuing to grow in Europe and the loss of public support, the economy of Sri Lanka may deteriorate.

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

There is a common misconception about age being a significant factor when deciding the custody of a child. Surprisingly, age is not as important as one might think. There is no fixed age for when a child can decide which parent to live with during a family dispute. In most cases, there are no opportunities where the child will be the prime assessor in their parental concerns. Instead, only their views are considered amongst other practical factors by the Federal Circuit and Family Court of Australia.

There are two primary considerations that the court will favour when it comes to deciding the custody of a child:

However, under section 60CC(3)(a) of the Family Law Act 1975, it is noted that additional considerations may be any views expressed by the child and factors (such as the child’s maturity or level of understanding). It is important to recognise that the word “wishes” was replaced with the word “views” in 2006 to acknowledge that a child may not be able to boldly express who they want to live with. The word “views” was implemented with intention to capture a child’s perception, perspective, and feelings rather than a single decision.

Other considerations include the nature of the parent’s relationship with the child (including grandparents), the parent’s willingness to encourage the child’s relationship with the other parent and the capacity in which the parent can facilitate for the child’s needs. Moreover, it is not mandatory for the child to express their views if they are unwilling. Any attempts to extract or force their thoughts will regarded to be invalid as coercive behaviour was used to influence the child.

For example, if an eight-year-old is portraying elevated levels of maturity and understanding of the conflict between their parents then the court may place substantial weight on their views. Similarly, if a fourteen-year-old prefers to live with one parent due to bias of money and lack of discipline rather than their better interest with the current primary carer, the court may assess the child to be lacking maturity and stress their views less.

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

Law Reform and Society’s Need For It

Law reform is the procedure by which the ruling power amends, updates, or repeals laws to accommodate the changing values, ethics, economic environment, and morals of modern society. An example of law reform in Australia is the enactment of the National Firearms Agreement (NDA)1996 due to the catastrophic aftermath of the Port Arthur Massacre.

Gun Control Laws in Australia

Gun violence is a global contemporary issue that violates one’s right to life. In response to gun violence in Australia, gun control laws were implemented to restrict use of firearms in order to ensure the safety and security of wider society.

Why Did Gun Control Laws Change?

The consequential event of the Port Arthur Massacre prompted a review for the failing existing gun laws in Australia. On April 28, 1996, a mass shooting occurred at the tourist destination of Port Arthur in Tasmania as a man opened fire, killing thirty-five people and injuring eighteen

How Did Gun Control Laws Change?

The National Firearms Agreement 1996 enacted under the Howard government was the sole legislation that changed Australia’s gun laws. It is an agreement between all states that calls for thorough registration and licensing and the prohibition of certain guns. Prior to this agreement, Australia did not have a collective national law for gun control. Instead, matters and practices involving firearms were covered by each state’s negligent systems that disregarded necessary registration. As a consequence of varying laws in states, Australia was weak and inconsistent in tracking gun activity.

Effectiveness of Gun Control Law Reform

The gun control law reform in Australia has been identified as remarkably effective as it reflected society’s ideals of justice for victims and overall public safety.:

    1. Ever since the commencement of the NFA 1996, Australia has seen a decrease in gun ownership as a cause of the federal amnesty collecting up to almost 660,000 newly banned guns in 1996 and an additional 68,727 handguns in 2002.
    2. In a study conducted by Leigh and Neill in 2010, findings disclose that during the 10 years after the implementation of the NFA there was a 65% decline in firearm homicide and a 59% decline in firearm related suicides.

The improved state laws initiated from the National Firearms Agreement 1996 remains extensively effective in seeing the downfall of mortality rates in Australia, maintaining society’s standard of protection and moral values against gun violence.

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

What is Polygamy?

Polygamy involves the practice in which a spouse of either sex can have more than one spouse at a time.

Legality of Polygamy in Australia

Polygamy is illegal in Australia, and this act may not be performed in Australia. A person who marries another, knowing that their previous marriage still subsists will commit an act of bigamy under section 94 of the Marriage Act 1961. The penalty for this offence can be imprisonment of up to 5 years.

In Australia, marriage is defined in the Marriage (Definitions and Religious Freedoms) Act 2017 (Cth) as the union of a man and woman, to the exclusion of all others, voluntarily entered into for life.

Opinions on Polygamy in Australia

Opponents of polygamy highlight the harmful nature it can have towards women. The common practice of polygyny rather than polyandry undermines women’s rights and furthers the gap of gender inequality.

However, proponents for polygamy argue that in circumstances, it may create honesty and transparency in relationships. In 2013, the ‘Polyamory Action Lobby’ submitted a petition to federal parliament, arguing that the illegality of polygamy acts as a “barrier to love”.

Defences to Bigamy

If you think you have committed bigamy, you may be found not guilty if you can prove:

    1. A mistake of fact occurred
    2. Your spouse had disappeared, and you have reasonable believe that they were deceased
    3. Your spouse has been missing for at least 7 years and you had no reason to believe they were alive

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

Decisions that will impact the course of your entire life are no easy feat. They require extensive thinking, the making of hundreds of pros-and-cons lists and countless conversations. When it comes to making a decision about a career path many teenagers are left with an uncomfortable sense of anxiety. “What if I choose a field that I won’t enjoy later?” “What is corporate life like?” is echoed through the halls of high school every single day. Law has always been a pathway that interested me, so being able to complete Work Experience with Freedman & Gopalan has been an important milestone in the process of career selection.

Throughout the four days I spent working with the kind and patient staff of Freedman & Gopalan, I completed tasks such as archiving, writing articles, organizing files and creating chronologies. These tasks, while they seem mundane, were quite eye-opening to what working as a Solicitor is like. You can’t expect every week and every day to be filled with non-stop exciting work.

While I can’t guarantee that I will end up as a Lawyer in the future, I can certainly thank the staff at Freedman & Gopalan for being generous enough to show me the process of what working in a law firm looks like. The staff at the firm are some of the nicest people I’ve met, and their exceptional professionalism only increased my aspirations to become a Lawyer. Specifically, I want to thank Jasmine for being so tolerant with me and helping me understand each task I undertook.

The decision-making process of career selection is nerve-wracking and clouded with doubts. Whether it is one point added to the pros-column of a list, or the last argument needed to make the final decision – every piece of knowledge about a profession counts. So, a big thank you to the staff of Freedman & Gopalan for the wonderful educational week of Work-Experience!

If you or someone you know wish to gain some work experience at a law firm, then please do not hesitate to contact us on 02 8999 9809.

What is a court-ordered paternity test?

A court-ordered paternity test is a DNA test initiated by the Family Court. They can be initiated due to reasonable doubt about the child’s paternity, or by you applying to the Family Court or Federal Circuit Court.

The purpose is to help settle a child support dispute, determine the paternity of the child in parenting proceedings or any birth certificate dilemmas.

The law on paternity-testing

It may be useful to know that the court can order a paternity test on its own initiative, or upon your request. Section 69W(b) of the Family Law Act 1975 states that a court can make a parentage testing order, on the application of a party.

The Family Law Act 1975 also lays out the presumptions of parentage. Without DNA results, the presumption is that you are a parent of the child if you satisfy the elements list Section 69.

Process of getting a paternity test and the costs involved

The court order will allow you, the other parent and the child to attend a laboratory for DNA testing and collection. The two options available are peace of mind testing or DNA typing. Peace of mind testing involves self-sampling and ranges in price from approximately $150.00 - $200.00. DNA typing is more accredited, however, may cost you from $600.00 - $900.00. It is best to consult our experienced family lawyers who can help you explore your options.

 

If you or someone you know wish to discuss this matter further, then please contact our experienced solicitors at 02 8999 9809 for assistance.

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