NOTEPAD
A focus on family law
ANROWS Notepad | 18 April 2019
Report released:
ALRC review of the family law system
The Australian Law Reform Commission (ALRC) has recommended that the Family Court of Australia be abolished and responsibility for family law handed over to the states and territories.
In their report released last week, the ALRC made 60 recommendations to stop children falling through the gaps between federal family law and state/territory-based child protection and family violence systems. Along with the abolition of the federal family courts, recommendations included increasing the proportion of family law matters that are dealt with through alternatives such as Family Dispute Resolution and simplifying children’s orders, including removing mandatory consideration of particular living arrangements.
The ALRC was given the task of reviewing the family law system in September 2017 by then-Attorney General George Brandis.
Earlier this month, the Government dropped a proposal to merge the Family Court and the Federal Circuit Court after it was unable to secure the support of the Opposition and Senate cross-benchers.
You can also read ANROWS’s submission to the inquiry.
Family Law Act 1975 bans direct cross-examination
Last month, the long anticipated amendments to the Family Law Act 1975 banning direct cross-examination by a party to proceedings in matters involving allegations of family violence, came into effect.
The ban applies to cases where:
- either party has been convicted of, or is charged with, an offence involving violence, or a threat of violence, to the other party;
- a family violence order (other than an interim order) applies to both parties; or
- an injunction for the personal protection of either party is directed against the other party, under the Family Law Act 1975.
From 10 September 2019 when the ban applies, cross-examination must be conducted by a legal representative. Parties will need to hire a private lawyer or apply to their relevant state or territory legal aid commission for legal representation. If a party does not have legal representation, cross-examination will not take place.
Read more about the scheme, or refer to this information sheet from the Attorney-General’s Department.
For more family violence law information, see the Family Violence Law Help website, or see the video below.
New research & resources
For a broad range of research and resources, including grey literature, see the ANROWS Library. See some recently-added research and resources, below.
Justice
Family violence allegations in family law proceedings: Personal cross-examination ban
Commonwealth Attorney-General’s Department | 2019
Family Violence Law Help website
National Legal Aid
NSW Government Sentencing Council: Review of sentencing for murder and manslaughter
Monash Gender and Family Violence Prevention Centre | 2019
“It’s like standing on a beach, holding your children’s hands, and having a tsunami just coming towards you”: Intimate partner violence and “expert” assessments in Australian family law
Victims & Offenders | 2019
Migrant and refugee women
Forced marriage in Australia (Research brief)
Monash Gender and Family Violence Prevention Centre | 2018
Support options for migrant women on temporary visas experiencing family violence in Australia (Research brief)
Monash Gender and Family Violence Prevention Centre | 2018
Bystander interventions
Caring collectives and other forms of bystander helping behavior in violent situations
Current Sociology | 2018
Distinct places to address intimate partner violence
Journal of Interpersonal Violence | 2019
Other resources
Problem gambling and family violence: Factors associated with family violence victimization and perpetration in treatment seeking gamblers
Journal of Interpersonal Violence | 2019
Violence, abuse, exploitation and neglect against people with disability in Australia: Available data as at March 2019
Disabled People’s Organisations Australia | 2019
Read some recent news and analysis relating to violence against women.
More Queenslanders die from domestic violence-related suicide than homicide each year
ABC News | 11 April
Shiralee escaped ‘relentless’ domestic violence, only to end up homeless
Maani Truu | SBS News | 11 April
New report charts future of the family law system
Patrick Parkinson | The Conversation | 11 April
U.K. and Australia move to regulate online hate speech, but Canada lags behind
Natasha Tusikov | The Conversation | 11 April
‘A disaster’: budget funds for couples counselling criticised
Jane Gilmore | SMH | 10 April
Smacking children: countries that refuse to ban practice are breaching international law
Tracy Kirk | The Conversation | 3 April
Pressuring women to stay in their homes will kill them
Anna Spargo-Ryan | The Guardian | 9 April
The self-defence argument against rape is deeply flawed. Here’s why
Jane Gilmore | SMH | 4 April
$10 million for ‘Specialised Family Violence Services’: why are women’s safety advocates so concerned about it?
AWAVA | 15 April
Events
Sharing and Strengthening Our Practice Conference
10 May 2019 | Darwin
Queensland Indigenous Family Violence Prevention Forum
15-16 May 2019 | Mackay
Child Aware Conference
16-17 May 2019 | Brisbane
PreventX
21 May 2019 | Melbourne
When child protection are involved… guiding and supporting your client
May & September | Melbourne
Get involved
Participate in research
Preventing gender-based violence in inpatient mental health units
Researchers from RMIT are looking for interview participants for an ANROWS-funded study about preventing gender-based violence in inpatient mental health units.
Register your interest or find out more here.
Self-represented parties in Australian Family Law proceedings
People who have represented themselves, or whose partner has represented themselves, in family law proceedings, where their case involved domestic violence, are sought to participate in an interview to support an ANROWS research project.
To register or find out more, contact the project team via selfreps@uts.edu.au.
The relationship between gambling and domestic violence against women
ANROWS is funding a CQUniversity study into the relationship between gambling and domestic violence against women. The researchers are seeking participation from women who have experienced violence and men who have used violence, and are impacted by problem gambling.
To find out more, please contact CQUniversity via the project website, or email: cqustudy@cqu.edu.au.
Make a submission
Court and tribunal information: access, disclosure and publication | Closes 31 May 2019
The NSW Law Reform Commission is reviewing the operation of suppression and non-publication orders and access to information in NSW courts and tribunals.
They are inviting preliminary submissions to help them frame the issues that we should address in consultations.
To make a preliminary submission, visit their website.
find out more
Contact ANROWS
PO Box Q389, Queen Victoria Building NSW 1230
Email: enquiries@anrows.org.au