Family Law Reform Panel
On 16 September 2024, the Centre for Law and Social Justice co-hosted a panel on family law reform in collaboration with We Gotchu Girl (WGG). The panel explored key issues affecting family law including domestic violence protections, the role of legal professionals, and ongoing reforms in this space.
The discussion touched on critical areas such as legal professional accountability, the impact of barristers on shaping family law reform, gender-based violence within family law proceedings, access to Legal Aid, the efficiency of court processes, and the growing importance of mediation and alternative dispute resolution mechanisms.
Discussion featured an examination of family law amendments that took effect in May 2024, including the shift away from rights-based language toward prioritising the safety of the child. Relevant concerns included inadequate property proceedings in the context of family violence and the failure of legislative frameworks in adequately addressing gender-based violence in family law proceedings. For example, the fact that a perpetrator may only be violent towards their co-parent does not absolve them of being a risk to the child—yet this distinction is not properly reflected in the legislation or practice. Additionally, the order of facilitating ongoing contact between a victim of family violence and their abuser is a significant oversight, but one that is increasingly difficult to navigate.
The panel also addressed procedural reforms in high-conflict cases and agreed that the family law system needs more judges to reduce delays in urgent matters - as urgent applications are being refused due to resourcing constraints. Discussion around FDRPS highlighted the need for a delicate and balanced approach. Whilst section 60i certificates should be issued when mediation is unsafe, they must also avoid disempowering victims by prematurely concluding that mediation isn’t an option. In many cases, victims still wish to retain some control over the process, and this nuance requires careful handling.
The evening provided an opportunity to advocate for family law reforms that ensure a safer and more effective family law system for all. For more information visit the We Gotchu Girl Website.
Thank you to panellists Molly Willoughby, Emily Ostler, and Sharon Wilkison.
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