Family Violence in Australia

A recent Justice Project report on Family Violence in Australia by Law Council of Australia, dated August 2018:

It can affect anyone, irrespective of age, gender, socio-economic status or cultural background. 

According to statistics, in 2016 it was reported that Australian police dealt violence in family, on average, every two minutes and it was nearly three times more likely for women to experience partner violence than men.

The report prepared by the Law Council of Australia entitled “People Who Experience Family Violence” is an investigation into the barriers that people face accessing justice in circumstances of family violence.

More and more violence in the family features in the break-down of relationships and its presence will make reaching an agreement to separate your financial affairs or make proper arrangements for the children all that more difficult.

From a separation perspective, if you are experiencing conjugal violence please give us a call today so we can assist and guide you through these difficult times.

If you know someone who is experiencing it and needs counseling and support, follow the link below.

Violence in Family – A National Disgrace

Statistics show that 11 women have lost their lives to violence already this year.  Our Federal Circuit and Family Court of Australia is committed to striving higher to reduce abusive and violence in the family.  We are in the midst’s of a national crisis.  It’s an all society issue.

https://www.abc.net.au/news/2024-04-20/chief-justice-family-court-men-must-make-change-family-violence/103748036

Family Violence and Cross-examination of Parties Scheme

Amendments to the  Family Law Act 1975 (Cth) have been made that provide protection to victims of family violence who are cross-examined as part of family law proceedings.

From 10 September 2019, personal cross-examination will be banned in family law proceedings in certain circumstances where allegations of family violence have been raised. 

Personal cross-examination is where a party asks questions of another party or witness directly, rather than having the questions asked by a lawyer.

Under the scheme, cross-examination will now be conducted by legal representatives.

The scheme is funded by the Commonwealth Government, who will provide $7m, over three years, to legal aid commissions to provide legal representation to parties subject to the ban.

This will remove the fear of being directly cross-examined by their perpetrator as a factor in a woman’s decision whether to settle a matter, and encourage women who have experienced family violence to pursue their legal entitlements. The provision of legal assistance will also support the expeditious resolution of family law matters, assisting women to recover from abusive relationships and obtain economic security for themselves and their children sooner.

For more information, read the Court’s fact sheet.

Finding a Lawyer who will work best for your needs

For many of you, visiting a family lawyer to obtain legal advice after the breakdown of your relationship, whether that be in relation to property, parenting (custody) or divorce matters may be the first time you have ever set foot in a lawyer’s office.

Whether or not you have engaged with a lawyer in the past, obtaining advice can be confronting. I think we can all agree that when visiting a family lawyer, you will have many questions about your current situation. You may have already taken the time to prepare a long list of questions in anticipation. However, how much thought should you put into deciding which lawyer will work best for you?

Arguably, engaging the right family lawyer from the beginning, someone who will meet your individual needs, is the single most important decision of this process. So take the time to consider what you want in a lawyer.

There are a range of skills and qualities you might want to consider:

Your lawyer must have great speaking skills and able to write effectively. Most importantly, a great listener too. Good communication between you and your lawyer is also vital. You may want to think about how you best communicate and then discuss this with your lawyer to achieve an optimum level of communication between you.

A skilled and experienced lawyer, who predominately works in a particular area of law may be considered a subject matter expert, as opposed to a generalist lawyer who works in many different areas of law. You may find a lawyer working in a particular area is usually in a better position to properly present your case.

A lawyer needs to understand you and your needs to prepare legal strategies for your case. The practice of law involves absorbing large quantities of information, and then using that material logically and efficiently to best present your case and get the best possible outcome for you and your family.

A great lawyer typically has a passion for a particular practice area. A specialist lawyer may practice in the area of their passion for most of their legal career.

Family law involves complex situations and central to that is obtaining instructions. Making sure your family lawyer is going to be available when you need them will be a valuable tool you will not want to do without.


CopperTree Family Law is a boutique family law firm based in Erina on the Central Coast with a focus on providing traditional customer service, and tailoring to individual needs. We are proactive, keeping in touch with you during the process and focusing on what matters to you. We will listen to your story and find out what matters, our interest is yours.

Get in touch with us today for a consultation.