Canberra family law reform: This week the Albanese Government launched the next phase of reforms intended to improve Australia’s family law system with the introduction of the Family Law Amendment Bill 2024. What will change if the Bill is passed? Let’s take a look.
One of the big changes in this phase of Canberra family law reform will be that family and domestic violence will be able to be taken into consideration in property settlements when couples are separating or divorcing. In fact, the truth is that family violence has already had the potential to be factored into financial and property disputes, thanks to what is known as the so-called Kennon rule. The term “Kennon argument” or “Kennon rule” describes the findings of a significant family law case from 1997. Kennon & Kennon was the first major decision of the Full Court where violence was regarded as being relevant to property proceedings.
In the case, the argument was successfully made that family violence perpetrated by one party had a “significant adverse impact” on the other party’s contributions, making them more “arduous” and justifying an adjustment. Where a course of violent conduct has a significant effect on a party’s contributions, the courts can take this into account when working out orders for property distribution.
However, the Kennon rule has been oft criticised due to its lack of clarity and the difficulty of actually succeeding with making the case. It is regarded as being too narrow to be helpful in many cases, with the courts currently having established that the Kennon rule should only apply in “exceptional cases”.
There has also remained the problem of how courts should assess the way that contributions were made more arduous due to family violence. There are also arguments that the Kennon rule doesn’t comprehensively deal with the real consequences of family violence. And so far there have been no firm definitions of “discernible impact” or “arduous”.
Canberra family law reform: improving on Kennon
Therefore, the current Canberra family law reforms in this regard are welcomed. The Albanese Government has specified that it intends to make it clearer for everyone how the court will approach the division of property in situations where family violence is a factor. The reforms will also “ensure the economic impact of family violence is considered where relevant as part of dividing property and finances”. Importantly, courts will endeavour to ensure that care and housing needs of children are properly considered in any property settlement decisions.
Other improvements include ensuring financial info is disclosed early so that disputes may be resolved quicker. The courts would also see an expansion of their ability to use “less adversarial” processes for all proceedings, not just children’s matters. This is regarded as supporting parties to “safely raise family violence risks” and ensure safe conduct of proceedings.
Pets in family law disputes where family violence is a factor
Another big change coming via Canberra family law reform is the treatment of pets in family law disputes. Again, factors such as family violence will be able to be taken into account by a court when tasked with working out what should be done with the family pet. Attorney-General Mark Dreyfus said the Bill will make sure judges take the welfare of pets into account when working out property settlements. He said:
“We know that pets are too often used and abused in cycles of family violence.”
Much needed: better regulation of children’s contact services
There will also be beneficial changes to children’s supervision services, with the establishment of a long overdue regulatory framework the intention of making them safer and more child-focused. (Read about the problems concerning children’s supervision services here.)
Interested in how the family law system in Australia is changing? We cover recent previous Canberra family law reform here.
Need family law assistance? Please call Canberra family lawyer Cristina Huesch or one of our other experienced solicitors here at Alliance Family Law on (02) 6223 2400.
Please note our blogs are not legal advice. For information on how to obtain the correct legal advice, please contact Alliance Family Law.
