What you need to know...
Changes fully in force by 10 June 2025
Extended definition of Family Violence
Property Law Reforms
Reforms in relation to Children Contact Services
Case Management and Procedure Amendments
Extended Definition of Family Violence
Section 4 has been amended to extend the definition of Family Violence to include economic and financial abuse.
We have also seen the inclusion of Family Violence as a consideration for:
- Applications for Spousal Maintenance
- Contributions in Family Law property matters
- Future factors
- General duties of the Court when conducting property matters.
It is anticipated that this amendment will relieve some of the burden of showing extraordinary circumstances as provided in Kennon v Spry [2008] HCA 6
We have also seen the inclusion of provisions in respect to companion animals and structure as to how ownership is determined including:
- How the animal was acquired
- Ownership and possession of the animal
- Extent of care each party had of the animal during the relationship and ability to care for the animal after the breakdown of the relationship
- Matters of Family Violence such as a history of actual or threatened cruelty
Children Contact Services
As part of the Children Contact Services Reform the amendments to the Family Law Act have included provisions to support the Accreditation Rules for services.
The amendments also provide penalties for providing a service without an accreditation and rules around privacy and confidentiality.
Property Reforms
The amendments have seen the ratification of the 4-step process in the added section 79(3).
This amendment is expected to provide greater clarity as to the manner in which the Court is to address family law property matters.
The amended section 79(5) puts family violence at the forefront of the Court’s considerations in relation to current and future circumstances and has expanded the “care of children” under the age of 18 to include “the need of either party to provide appropriate housing for such a child“.
Case Management and Procedure Amendments
In addition to the inclusion of the duty of disclosure in the Act the amendments saw other amendments to the general practice of Family Law including:
- s60I certificates – the provisions around the Court’s ability to require a 60I Certificate, or to apply an exemption have been moved from the “hearing” stage to “filing”, meaning the assessment will be made prior to filing being accepted by the Court and there is now the potential for filing to be rejected due to non-compliance.
- s98A – the exemption that prevented divorce proceedings from being heard in the absence of the parties where there are children under the age of 18 has been removed.
- The Court can now elect to Order a one-off Commonwealth Information Order or period searches for a period not exceeding 12 months and is now limited unless Ordered by the Court otherwise, the previous 2 years. and the amendments include a comprehensive definition of the persons who can be included in a search
- The amendments have the inclusion of “protected confidence” provides for the protection of professional services in respect to disclosure made to them and allow the Court to give a direction for evidence not to be produced where such protection should arise and no exemption has been applied.
- The legislation in respect to costs has been moved to Part XIVC
