Furthermore, inadequate funding for the staffing of the existing Family Court has resulted in extreme delays in matters being heard, with the result that interim orders by registrars based on limited evidence often have the effect of final judgements since children may well be adult or close enough by the time the matter is listed for final hearing. This is exposing these children to unacceptable risk. Protecting victims from family violence will require ensuring that police and judiciary take account of the gendered nature of family violence and the relative strengths of the parties, both physical and financial, when making their determinations. It also involves ensuring that parties receive adequate support and representation and introducing sanctions to ensure legal processes cannot be used to perpetuate abuse of women and children. Power to dismiss unmeritorious claims It is not clear to us that this power would necessarily be used to dismiss proceedings where a perpetrator is using the proceedings to inflict further trauma on a victim. If this is the intended purpose of this provision, it should be redrafted to clearly state that purpose. Currently, its wording is more likely to be used to ground applications to dismiss poorly conceived litigation, typical of proceedings brought by desperate parties. Self-represented parties in this emotionally charged context may well be perceived as vexatious litigants by judiciary untrained in the dynamic of family violence. Meanwhile the claims of those with legal representation are less likely to be regarded as unmeritorious. None of the suggested amendments appear likely to achieve any appreciable improvement in the manner in which family violence is being addressed within the family law system. Government must reassess the urgency of the situation and take stronger measures to address family violence by working to provide a legal system that is accessible and readily navigated regardless of an of education individual’s level or financial resources and that can provide timely and effective resolution of family disputes involving allegations of violence and abuse. Please do not hesitate to contact the writer if further information is required. Yours faithfully Anna Kerr Principal Solicitor
Furthermore, inadequate funding for the staffing of the existing Family Court has resulted in extreme delays in matters being heard, with the result that interim orders by registrars based on limited evidence often have the effect of final judgements since children may well be adult or close enough by the time the matter is listed for final hearing. This is exposing these children to unacceptable risk. Protecting victims from family violence will require ensuring that police and judiciary take account of the gendered nature of family violence and the relative strengths of the parties, both physical and financial, when making their determinations. It also involves ensuring that parties receive adequate support and representation and introducing sanctions to ensure legal processes cannot be used to perpetuate abuse of women and children. Power to dismiss unmeritorious claims It is not clear to us that this power would necessarily be used to dismiss proceedings where a perpetrator is using the proceedings to inflict further trauma on a victim. If this is the intended purpose of this provision, it should be redrafted to clearly state that purpose. Currently, its wording is more likely to be used to ground applications to dismiss poorly conceived litigation, typical of proceedings brought by desperate parties. Self-represented parties in this emotionally charged context may well be perceived as vexatious litigants by judiciary untrained in the dynamic of family violence. Meanwhile the claims of those with legal representation are less likely to be regarded as unmeritorious. None of the suggested amendments appear likely to achieve any appreciable improvement in the manner in which family violence is being addressed within the family law system. Government must reassess the urgency of the situation and take stronger measures to address family violence by working to provide a legal system that is accessible and readily navigated regardless of an individual’s level of education or financial resources and that can provide timely and effective resolution of family disputes involving allegations of violence and abuse. Please do not hesitate to contact the writer if further information is required. Yours faithfully Anna Kerr Principal Solicitor
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