Family violence in Victoria

Recourse for suffering through domestic violence in Australia: Should the family law act act?

Figures from a 1996 census [6.] showed 2.6 per cent of women who were married or in a defacto relationship (or 111 000 women) had experienced violence by their current partner in the 12 months preceding the survey and 23 per cent of women who had ever been married or been in a defacto relationship had experienced violence in that relationship.

Domestic violence comes under Subsection 60D(1) of the Family Law Act (FLA) 1975 which provides:

"family violence means conduct, whether actual or threatened, by a person towards, or towards the property of, a member of the person's family that causes that or any other member of the person's family to fear for, or to be apprehensive about, his or her personal well being or safety;"

Domestic violence is a highly complex problem requiring a multi-faceted approach. Unfortunately the Family Law Act 1975 inhibits women’s (the primary targets of domestic violence) use of the law to seek recourse for injuries suffered under these circumstances.

Much domestic violence could be deemed criminal. Due to the elimination of no fault divorce howe

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Section 79A(1) empowers a Court to vary or set aside a property order made under section 79. ver, it is difficult to bring domestic violence into proceedings regarding property, spousal maintenance and compensation in the family court.

Rise and fall of cross vesting

Pre-1988 the respective states and commonwealth judicial systems were independent of each other and a Court in one State had no power to hear matters which arose under the laws of another State. It is likely to be relevant to parties filing for divorce or related actions in the family court and should be provided for in this forum to grant justice to victims and remove the hurdles currently before such persons. Ergo, any dispute involving the laws of more than one jurisdiction often had to be heard in several Courts (e.

It would be beneficial if the relationship between all jurisdictions - criminal, family, civil, criminal injuries compensation (and the feasibility of cross-vesting under the Jurisdiction of Courts Cross-Vesting Act 1987 Cth) was re-assessed.

The cost of being represented in such a case, separate from family court proceedings, is unlikely to be able to be met by the victim.

Even using cross vesting, in Kennon v Kennon, the trial judge asked that each alleged assault be identified and evidenced. Direct payment of compensation (or damages) by the perpetrator through the property settlement or if inappropriate, payment by the State, given that offenders’ abilities to pay will vary.

In making a maintenance order in [2.

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