Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Our Morwell, Geelong and Broadmeadows offices are closed to the public due to renovations.
Call the offices direct or read more.

Recommendations to improve the experiences of victim-survivors in the family law system

We welcome the recommendations from a federal parliamentary inquiry to improve access to and enforcement of family violence orders in the family law courts.

Published:
Monday, 3 March 2025 at 12:32 pm

In its report the Standing Committee on Social Policy and Legal Affairs Inquiry Committee found that ‘services which support victim-survivors of family, domestic and sexual violence (FDSV) to navigate separation safely and to resolve legal issues fairly require adequate, ongoing and sustainable funding.

‘It is unacceptable that overburdened critical services are forced to turn away people, who may be in absolute crisis, due to funding constraints.’

We made a submission to the committee in July 2024. Program Manager Bernadette Grandinetti from our Family Law team appeared before the committee in August. She spoke about our submission and the experiences of our client, Michelle.

Our submission is reflected in committee recommendations to:

  • adopt nationally harmonised legal definitions of family, domestic and sexual violence (FDSV)
  • improve police responses to reports of FDSV, minimising risks of misidentification of victim-survivors as the predominant aggressor and systems abuse
  • develop comprehensive, culturally safe, and trauma-informed training and resources for judicial officers and legal professionals
  • increase legal aid payments so that private practitioners can provide legal aid effectively and sustainably
  • make court proceedings safer by supporting all victim-survivors to attend court hearings remotely if they wish, and
  • ensure there are safe entrances and waiting areas, and safety protocols in all courts for victim survivors in FDSV matters.

The committee’s report included an extract from Michelle’s story, highlighting our concerns that not all family law courts have adequate safety features for victim-survivors of FDSV.

‘… I was overwhelmed [being in the same room as the other party] and I had a panic attack afterwards. I shouldn’t have been put in a place where that happened … it affected my [next hearing], I just wanted it over. I didn't want to fight, I wanted it over and done with because I didn't want to go through that trauma again …’

The committee’s report also recognised that ‘adequate, ongoing and sustainable funding for wrap-around, legal and non-legal services is critical’.

We encourage the government to continue working with states and territories to develop a sustainable funding model that ensures victim-survivors can access adequate supports.

A response from the Australian government to the committee’s 11 recommendations is expected in six months.

Updated

Legal Help Chat