Demanding Domestic Violence Reform to Address Property and Pet Disputes
The Senate inquiry focused on economic abuse, property settlements, and children’s rights in family law reform.
Experts and advocates highlighted the need for stronger legal protections and additional resources for victims of domestic violence during a Senate inquiry into the Family Law Amendment Bill 2024.
Discussions centered around domestic violence, economic abuse, property disputes, and the well-being of vulnerable individuals, such as children and pets.
Recognizing Domestic Violence in Property Disputes
A key issue raised was the importance of acknowledging domestic violence in property disputes.
Hamish McLachlan, CEO of Fitzroy Legal Services, emphasized the impact of financial dependence on victim survivors trapped in violent relationships, especially those with children.
Meaghan Bradshaw from Women’s Legal Services Australia highlighted that over 80 percent of current family court cases involve domestic violence, and fear of further abuse often prevents victims from seeking settlements.
Speakers also emphasized the need for greater recognition of economic and financial abuse as forms of coercive control.
Katherine McKernan from National Legal Aid highlighted that acknowledging these forms of abuse is crucial for the safety of victims, especially women and children.
Kerry Staines from a Community Legal Centre underscored the importance of addressing financial abuse to protect victims’ housing security and economic well-being.
Calls for More Funding and Resources
Throughout the inquiry, there was a call for increased funding to support legal services, especially in cases involving domestic violence.
McLachlan advocated for more resources to assist organizations like Family Advocacy and Support Services (FASS) and duty lawyer services to provide ongoing support throughout legal proceedings.
Staines emphasized the necessity of accompanying changes to the law with more resources for education and support services to help victims effectively navigate the legal system.
Children’s Contact Services also require increased funding to supervise interactions between children and parents in cases of family violence.
Staines explained that additional resources could lead to more successful mediations and safer outcomes for all involved parties.
Concerns With Accessibility
McLachlan highlighted the barriers victims face in proving family violence, calling for clear principles within the legislation to aid victims navigating the legal process.
Staines addressed the challenges of geographical distance in accessing legal services, especially for Aboriginal and Torres Strait Islander communities.
The inquiry also discussed the treatment of compensation awards in family violence cases and the need for explicit legal protections to prevent their inclusion in property settlements.
Bradshaw argued for legislative provisions to ensure that compensation payments, particularly for victims of domestic violence, are protected from being divided.
The inquiry also raised concerns about the disclosure of protected confidential records in court proceedings and proposed a two-stage objection process to provide better protection for victims’ private information.
Companion Animals in Property Orders
The inclusion of pets in property settlements was a significant topic of discussion during the inquiry.
The proposed bill addresses the treatment of family pets in family law cases, aiming to provide victims with the security to leave abusive situations without worrying about their pets’ safety.
