ISK LAW

SIGNIFICANT CHANGES TO THE FAMILY LAW ACT EFFECTIVE FROM 06 MAY 2024

The Family Law Amendment Act passed in Parliament on 19 October 2023 and will take effect in relation to all family law matters after 6 May 2024. The new laws will alter the Family Law Act (the Act) and change the way the Federal Circuit and Family Court of Australia approach parenting matters.
The amendments to the Family Law Act aim to make the family law system safer and simpler for separating families to navigate and ensure the best interests of children are placed at its centre.

https://isklaw.com.au/news-and-insights/post-3fb93061-5eb5-41cc-ae86-9cbc711b8760

From the warm hearts at ISK Lawyers, we're sending out waves of joy and wishes for an overflowing abundance as we step into the Sinhala & Tamil New Year.

As we bid farewell to the year gone by and welcome the new dawn with open arms, let the old memories blend with the fresh hopes of tomorrow. The tradition of boiling milk in a clay pot till it overflows is a beautiful symbol of prosperity, abundance, and good fortune that we cherish and uphold.

This auspicious act is not just a ritual; it's a promise of overflowing joy, success, and prosperity for you and your loved ones. As the milk rises and spills over, so may your life be filled with an abundance of health, happiness, and prosperity.

At ISK Law, we're not just your legal advisors; we're a part of your journey towards a brighter tomorrow. As you trust us with your paths, we promise to walk with you, guiding and supporting every step of the way.

Here's to stepping into this new year with hearts full of hope, eyes looking forward to new opportunities, and lives ready to embrace the abundance that comes with this beautiful tradition.

𝗧𝗵𝗮𝗻𝗸 𝘆𝗼𝘂 𝗳𝗼𝗿 𝗯𝗲𝗶𝗻𝗴 𝗽𝗮𝗿𝘁 𝗼𝗳 𝗼𝘂𝗿 𝗳𝗮𝗺𝗶𝗹𝘆. 𝗪𝗶𝘀𝗵𝗶𝗻𝗴 𝘆𝗼𝘂 𝗮 𝘆𝗲𝗮𝗿 𝗯𝗿𝗶𝗺𝗺𝗶𝗻𝗴 𝘄𝗶𝘁𝗵 𝗽𝗿𝗼𝘀𝗽𝗲𝗿𝗶𝘁𝘆, 𝗵𝗮𝗽𝗽𝗶𝗻𝗲𝘀𝘀, 𝗮𝗻𝗱 𝘀𝘂𝗰𝗰𝗲𝘀𝘀.

May the overflowing milk bring everlasting prosperity to you and yours!

ANTI-HOON LAWS IN VICTORIA

Anti-hoon laws were introduced in Victoria in July 2006 giving police the power to impound, immobilise or permanently confiscate vehicles driven by people in a dangerous manner.

Section 84C of the Road Safety Act 1986 (RSA) defines the offences relevant to the Part of the RSA that covers impoundment, immobilisation and forfeiture of motor vehicles.

Offences that may result in a vehicle being impounded for a single offence, are:

https://isklaw.com.au/news-and-insights/anti-hoon-laws-in-victoria

SEASON'S GREETINGS & BEST WISHES FOR THE NEW YEAR FROM ALL OF US AT ISK LAWYERS!

We feel blessed for what we have achieved in the past years. We are grateful to our clients, colleagues and friends for their support and value their continued trust in ISK LAWYERS.

Wishing you all the best this holiday season and looking forward to another great year with you all.

CHANGES TO UNFAIR CONTRACT TERMS LAWS IN AUSTRALIA: WHAT BUSINESSES NEED TO KNOW TO BE COMPLIANT

The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (the Act) received Royal Assent on 9 November 2022 and introduced a host of changes to the Competition and Consumer Act 2010 (Cth) (CCA) and the unfair contract terms UCT regime. The expanded UCT regime will apply to standard form consumer contracts and small business contracts: (i) entered into from 10 November 2023; or (ii) renewed or varied from 10 November 2023.

The new changes introduced by the Act reflect the Australian Competition and Consumer Commission’s (ACCC) increased focus on protecting consumers and small businesses. The main changes include increased penalties, broader definition of small businesses, changes to assessment of ‘standard form contracts’ and more powers given to Court.

https://isklaw.com.au/news-and-insights/changes-to-unfair-contract-terms-laws-in-australia-what-businesses-need-to-know-to-be-compliant

DRIVING AND CRIMINAL TRAFFIC OFFENCES IN VICTORIA

The Road Safety Act 1986 (Vic) outlines the legal requirements for drivers in Victoria. Traffic offences are mainly broken into two categories: summary and indictable offences. Summary offences are heard in the Magistrates’ Court of Victoria. The more serious indictable offences are heard before the County Court or Supreme Court of Victoria. However, some indictable driving offences, such as Dangerous Driving Causing Serious Injury, and Reckless Conduct, can be heard summarily in the Magistrates’ Court.

Summary Offences
The Road Safety Act 1986 (Vic) contains numerous summary driving offences, including:
https://isklaw.com.au/news-and-insights/driving-and-criminal-traffic-offences-in-victoria

Best Wishes for the success of the event!

LAWYER USES CHATGPT TO SUBMIT ‘FAKE’ COURT CASES

A New York lawyer has been forced to admit he used the artificial intelligence tool ChatGPT to carry out legal research after it referenced several made-up Court cases.

https://www.theage.com.au/business/workplace/lawyer-uses-chatgpt-to-submit-fake-court-cases-20230528-p5dbuq.html

BREACH OF A FAMILY VIOLENCE INTERVENTION ORDER IN VICTORIA.

Breaching a Family Violence Intervention Order in Victoria is a summary offence and is usually heard in the Magistrates’ Court. If you are a defendant charged with contravening a Family Violence Intervention Order, the right legal advice and representation is crucial to ensuring that your case is heard properly, and that you get the best outcome possible given the circumstances.

https://isklaw.com.au/news-and-insights/breach-of-a-family-violence-intervention-order-in-victoria

WISHING YOU ALL A JOYFUL AND BLESSED CELEBRATION!

Happy Sinhala & Tamil NEW YEAR!

EXTENDED POST-STUDY WORK RIGHTS FOR INTERNATIONAL GRADUATES

From 1 July 2023, international higher education graduates with eligible qualifications will be granted an extra two years of post-study work rights. The allowable work hours cap for international students will be increased from 40 hours to 48 hours per fortnight.

Extended post-study work rights are intended for international students graduating with degrees linked to workforce shortages in Australia. The list of relevant degrees has now been released, based on recommendations to the Government by a group of industry experts.

https://isklaw.com.au/news-and-insights/extended-post-study-work-rights-for-international-graduates

WHAT IS A BINDING FINANCIAL AGREEMENT?

A Binding Financial Agreement (BFA) is a private contract between two people that formalises how a couple’s property, assets, superannuation and liabilities will be divided in the event of a breakdown of a marriage or a de facto relationship. Once parties enter into a BFA, they give up their rights under the Family Law Act (FLA) for the Family Court to determine any or all property and financial matters should their relationship end.
https://isklaw.com.au/news-and-insights/what-is-a-binding-financial-agreement

ISK LAW has expanded and to accommodate, we have opened a vibrant new space – within the Melbourne CBD!

You can find ISK LAW on Level 40, 140 William Street, Melbourne 3000.

FEDERAL GOVERNMENT INTRODUCES PAID FAMILY AND DOMESTIC VIOLENCE LEAVE BILL

The Federal Government on 28 July 2022 introduced the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022. The Bill proposes to amend the Fair Work Act 2009 (Cth) by inserting a non-accumulating entitlement to 10 days' paid family and domestic violence leave each year, into the National Employment Standards (NES), for all employees including casual and part-time employees.

COMPANIES DON'T NEED TO KEEP IDENTIFICATION DATA AFTER IT'S BEEN VERIFIED - ATTORNEY GENERAL

Attorney-General Mark Dreyfus says he believes companies should not need to keep customers' identification on file after checking it, and has indicated he is seeking to implement reforms to the Privacy Act.

https://lnkd.in/gAjnMy4P

Companies don't need to keep identification data after it's been verified, attorney-general says The personal information of millions of Australians was accessed during an Optus data breach. Now, the Attorney-General wants to make reforms to the Privacy Act as soon as possible.

FOR THE SAKE OF CHILDREN – CHILD-RELATED PROCEEDINGS IN THE FAMILY COURT

It could be said that one of the most important parts of family law relates to parenting proceedings. The procedure for conducting child related proceedings in the Family Court is specified in Division 12A of the Family Law Act 1975 (Cth).

Division 12A proceedings are subject to the “child’s best interests” as the paramount consideration. These procedures are designed to help parents and the Court understand the needs and wishes of their children, and to determine which types of parenting arrangements may best fulfil these needs.

WHAT IS DIFFERENT IN DIVISION 12A PROCEEDINGS?

Div. 12A provisions ensure that parties stay child focused and safeguard the children and make the Family Law Courts’ processes shorter, more informal, and flexible.

Division 12A proceedings prioritises the need to provide families with an opportunity to make decisions themselves regarding their children.

HOW ARE DIV. 12A PROCEEDINGS CONDUCTED IN COURT?

• The Court considers the needs of the child concerned and the impact that the conduct of the proceedings may have on the child in determining the conduct of the proceedings.

• The Court actively directs, controls and manages the conduct of the proceedings. The proceedings are conducted in a highly supportive, consensual and less formal manner.

• The traditional adversarial approach to litigation is not followed as it creates conflict between parents leading to an adverse impact on children.

• The rules of evidence are relaxed, and the Court is actively involved in deciding issues, deciding what evidence is to be called, the way it is received and the manner of the hearing itself, and the faster resolution of disputes. The Court plays an active role in ensuring that the views of the child (or children) are heard.

• The proceedings are conducted in a way that will safeguard: the child concerned from being subjected to, or exposed to abuse, neglect or family violence; and the parties to the proceedings against family violence.

• The proceedings are, as far as possible, conducted in a way that will promote cooperative and child-focused parenting by the parties.

https://isklaw.com.au/for-the-sake-of-children-child-related-proceedings-in-the-family-court/

RETAIL PRICE OF RAPID ANTIGEN TESTS AND AUSTRALIAN CONSUMER LAW

Australian Consumer Law protects customers from ‘unconscionable conduct’ by traders. Generally, unconscionable conduct is a statement or action so unreasonable, it defies good conscience. Excessive pricing by a business may be found to be unconscionable if the product is critical to help save or protect vulnerable consumers. This would make the high prices illegal.

The ACCC has announced that it is working with the Australian Federal Police (AFP) on matters that may be a breach of the determination under the Biosecurity Act introduced by the Government recently, which came into force on 8 January 2022, and will remain in place until 17 February 2022. The determination prohibits a person from reselling, or offering to resell, rapid antigen tests bought at retail level for mark-ups above 20 per cent. According to ACCC wholesale costs for rapid antigen tests ranging between $3.95 and $11.45 a test. Refusal to provide receipts when requested or for total purchases of $75 or more (excluding GST) is also a breach of the Australian Consumer Law.

Under the Australian Consumer Laws, while suppliers are generally able to set their own prices, businesses must not make false or misleading statements about the reason for high prices. Businesses must also set their prices independently of their competitors and not collude about pricing.

Private sales are not covered by Australian Consumer Law. Private sellers can legally list face masks, hand sanitiser and toilet paper on classified sites for significantly more than they sell for in stores.

A NEW SPECIALIST FAMILY VIOLENCE COURT HAS BEEN LAUNCHED IN FRANKSTON, EMPOWERING VICTIMS TO SEEK JUSTICE WITHOUT FEAR.

A new specialist family violence court has been launched in Frankston, empowering victims to take back control and seek justice without fear. In Victoria, more than 12,000 Family Violence Intervention Orders are applied for each year, chances are you know someone who has been affected.

Attorney-General Jaclyn Symes announced that 2022 would bring reforms to the personal safety intervention order system and improved responses to stalking and affirmative consent laws following the death of Celeste Manno who was allegedly killed by her stalker Luay Sako last November. Additional specialist family violence courts will also be rolled out in Wyndham and Bendigo next year.

The family violence courts are fitted with secure waiting areas and separate courtroom entrances for victim-survivors and their families to limit perpetrator contact and potential for intimidation.

Victims are also able to give evidence remotely or from behind privacy screens and get access to critical support services.

https://isklaw.com.au/family-violence-intervention-orders/

VICTORIA INTRODUCES SPENT CONVICTIONS LAW

The Spent Convictions Act 2021 came into effect on 01 December 2021. Under the new legislation, certain convictions will be cleared or “spent” either automatically or upon application, from an offender’s criminal record after a conviction period has elapsed of five years for juvenile offenders and 10 years for adult offenders.

In addition, the offender will not be required to disclose the existence of the spent conviction or provide information in relation to it, for example, when applying for a new job or rental property.

Some more serious convictions, including for sexual or serious violence offences can only be spent upon application to the Magistrates’ Court, which will begin on 1 July 2022.

By introducing the Act, people with historic convictions who have rehabilitated themselves are able to “wipe the slate clean” and move forward in the knowledge they cannot be discriminated against for an historic offence. A conviction that is spent will no longer appear on a police record check unless an exemption applies.

The Spent Convictions Act 2021 includes exemptions for police, courts and corrections to ensure they will continue to have access to full criminal history records. Complete records can continue to be released when required for certain employers and other agencies to make fully informed risk assessments based on public safety – such as checks for working with children or licensing.

EXTRA YEAR AND REPLACEMENT VISAS FOR TEMPORARY GRADUATE (SUBCLASS 485) VISA HOLDERS DISADVANTAGED BY COVID

The Australian government announced today that the Temporary Graduate (subclass 485) visa holders who have been unable to travel to Australia as a result of COVID-19 international border restrictions will be able to apply for a replacement visa.

This will allow current and former Temporary Graduate (subclass 485) visa holders whose visas expired on or after 1 February 2020 to re-apply for a new subclass 485 visa of the same duration as their original visa.

The government will also increase the length of stay on the 485 visa from two to three years for Masters by coursework graduates, matching that of Masters by research graduates. Vocational Education and Training (VET) sector graduates will also receive a two-year Temporary Graduate visa.

Changes to Temporary Graduate visa stay periods will be implemented from 1 December 2021 and applications for the replacement visa can be made from 1 July 2022.

ELIGIBLE VISA HOLDERS PERMITTED TO ENTER AUSTRALIA WITHOUT TRAVEL EXEMPTIONS

The Australian Government has announced that fully vaccinated eligible visa holders can travel to and from Australia without needing to apply for a travel exemption from 1 December 2021.
Recognised Vaccine

The Australian Government will consider a person to be fully vaccinated if they have received the following vaccines and dosages.

https://isklaw.com.au/eligible-visa-holders-permitted-to-enter-australia-without-travel-exemptions/

SECTION 48 BAR LIFTED FOR THREE COMMON ONSHORE SKILLED APPLICATIONS – 491, 494 AND 190 VISAS

The list of prescribed visas has now been expanded by the Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021 to include three popular skilled visas.

The Department of Home Affairs has announced the amendment of the legislation that will officially commence on 13 November 2021.

To be able to apply for 190, 491 or 494 visas, you need to hold a substantive visa or a bridging visa A, B or C.

https://isklaw.com.au/section-48-bar-lifted-for-three-common-onshore-skilled-applications-491-494-and-190-visas/

LAW INSTITUTE OF VICTORIA (LIV) HAS PUBLISHED ITS RESPONSE TO THE PUBLIC HEALTH AND WELLBEING (PANDEMIC MANAGEMENT) BILL 2021.

The Law Institute of Victoria (LIV) urges amendments to be made to Public Health and Wellbeing (Pandemic Management) Bill 2021 to protect Victorian's rights.

https://www.liv.asn.au/Staying-Informed/Media-Releases/Media-Releases/November-2021/LIV-urges-amendments-to-be-made-to-Pandemic-Manage

WHAT YOU NEED TO KNOW BEFORE MAKING A STATEMENT TO THE POLICE

It’s important to understand what your rights are before speaking to the police or making a written statement regarding a criminal charge. A police statement is a written document stating your version of events about a crime and which is signed and dated by you.

You should always consult a lawyer before you make a statement or speak to police if you are accused of a crime. It is important to know what crime is being investigated before you decide to answer questions or make a statement to police.

https://isklaw.com.au/what-you-need-to-know-before-making-a-statement-to-the-police/

PARENTS OF AUSTRALIAN CITIZENS AND PERMANENT RESIDENTS TO BE CONSIDERED ‘IMMEDIATE FAMILY’ FOR TRAVEL EXEMPTIONS

From 1 November 2021, the definition of ‘immediate family member’ will extended to include parents of adult Australian citizens and permanent residents. Previously, parents were not recognized as immediate family members permitted to enter Australia under exemptions to the COVID-19 travel rules.

https://isklaw.com.au/parents-of-australian-citizens-and-permanent-residents-to-be-considered-immediate-family-for-travel-exemptions/