Calls for Domestic Violence Reform to Consider Property and Pet Disputes

A woman shelters from the rain under an umbrella while crossing a street in Sydney on October 6, 2022. Muhammad Farooq/AFP via a Getty Images

During a Senate inquiry into the Family Law Amendment Bill 2024, experts and advocates emphasised the need for stronger legal protections and additional resources for victims of domestic violence.

The discussions focused on issues like domestic violence, economic abuse, property disputes, and the welfare of vulnerable individuals, such as children and pets.

Recognising Domestic Violence in Property Disputes

A key issue highlighted by speakers was the need to recognise domestic and family violence in property disputes.

“Financial dependence is a leading cause of victim survivors being trapped in violent relationships, especially when children are involved,” said Hamish McLachlan, CEO of Fitzroy Legal Services.

He advocated for the Family Law Amendment Bill 2024, which he believes could deliver much-needed justice for victims.

Meaghan Bradshaw from Women’s Legal Services Australia echoed this point, noting that more than 80 percent of current family court cases involve domestic violence.

Bradshaw stressed that fear of further abuse often prevents victims from seeking settlements.

Speakers also called for greater recognition of economic and financial abuse as a form of coercive control.

Katherine McKernan from National Legal Aid pointed out that acknowledging these forms of abuse is crucial for promoting the safety of victims, particularly women and children.

She emphasised that financial abuse affected victims’ housing security and overall economic well-being.

Kerry Staines, from a Community Legal Centre, underscored the urgency of this issue, noting that victims of domestic violence are especially vulnerable to the current housing and homelessness crisis.

Calls for More Funding and Resources

Throughout the inquiry, the need for increased funding to support legal services, especially in cases involving domestic violence, was a recurring theme.

McLachlan called for more resources to assist organisations like Family Advocacy and Support Services (FASS) and duty lawyer services.

“There is a greater need for increased resourcing, both for services provided in court to support the implementation of these processes,” he said.

Currently, victims receive support mainly at the beginning of legal proceedings, leaving them vulnerable as cases progress.

Staines of the Community Legal Centre said changes to the law must be accompanied by more resources.

“Whenever there’s a change in any bill, there needs to be resources around education for both the practitioners to be able to apply those laws on the ground,” she said.

Children’s Contact Services, which supervise interactions between children and parents in cases involving family violence, also require more funding.

Staines explained that additional resources could help these services function more effectively, reducing the need for further litigation.

“If there’s some additional resourcing into those areas at the front end, we’re hoping that actually stops more litigation going through to court, so that mediations are more successful and they’re safer,” she said.

Concerns With Accessibility

McLachlan noted the many barriers victims face in proving family violence, calling for clear principles within the legislation to help them navigate the legal process.

Staines added that geographical distance further complicates access to legal services, especially for Aboriginal and Torres Strait Islander communities.

The inquiry also addressed the treatment of compensation awards in family violence cases.

Currently, compensation can be excluded from property settlements, but there is no explicit legal protection to prevent it from being further divided.

Bradshaw argued for clear legislative provisions to ensure that compensation payments, particularly for victims of domestic violence, are protected from division.

“Without explicit exclusions, victims might miss out on deserved compensation,” she warned, noting that perpetrators could benefit if these awards are included in property settlements.

The inquiry raised concerns about the existing rules surrounding the disclosure of protected confidential records in court proceedings.

Bradshaw explained that under current laws, parties can file subpoenas for these records without a hearing, making it difficult for victims to object. The proposed bill would introduce a two-stage objection process, providing greater protection for victims’ private information.

Companion Animals in Property Orders

Inclusion of pets in property settlements was also a significant topic of discussion.

The Bill addresses the treatment of family pets in family law cases.

Many victims of domestic violence remain in abusive relationships because they fear leaving their pets behind, as most emergency accommodations do not allow animals.

Bradshaw noted that perpetrators often use pets as a form of control, threatening or harming them to manipulate victims.

The proposed bill would allow victims to include companion animals in property orders, giving them the security to leave abusive situations without worrying about their pets’ safety.