Domestic Violence, Property and Family Law in Australia

Patricia Easteal, Lisa Young and Anna Carline (2018) ‘Domestic Violence, Property and Family Law,’ International Journal of Law, Policy and the Family, 32(2) eby005, doi: 10.1093/lawfam/eby005

30 Pages Posted: 7 May 2018

See all articles by Patricia L. Easteal

Patricia L. Easteal

University of Canberra - School of Law and Justice

Lisa Young

Murdoch University, Australia

Anna Carline

Leicester Law School

Date Written: April 19, 2018

Abstract

In Australia, domestic violence has increasingly been recognized as germane to ancillary proceedings, including parenting and property matters. However, the road to recognition of the relevance of violence has been slow and the search for appropriate responses challenging. Drawing upon an explicitly feminist perspective, this article outlines the why and how of that relevance by looking at the ways in which family violence may intersect with family law property matters. We explain how a property settlement, both in process and outcome, may be either a manifestation of coercive control and/or affected by the legacy of coercive control. In terms of how this has been addressed to date, we chart the limited Australian responses and suggestions for reform, which have effectively left the judiciary to fashion a response with all the attendant difficulties of non-legislative reform. In conclusion, we maintain that the time is therefore ripe for a reconsideration of legislative – and other – responses to issues of family violence and property.

Keywords: family law, Australia, property matters, domestic violence

JEL Classification: K36

Suggested Citation

Easteal, Patricia L. and Young, Lisa and Carline, Anna, Domestic Violence, Property and Family Law in Australia (April 19, 2018). Patricia Easteal, Lisa Young and Anna Carline (2018) ‘Domestic Violence, Property and Family Law,’ International Journal of Law, Policy and the Family, 32(2) eby005, doi: 10.1093/lawfam/eby005. Available at SSRN: https://ssrn.com/abstract=3165870

Patricia L. Easteal (Contact Author)

University of Canberra - School of Law and Justice ( email )

Australia

Lisa Young

Murdoch University, Australia

South Street
Murdoch 6150, Western Australia
Australia

Anna Carline

Leicester Law School ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

HOME PAGE: http://www2.le.ac.uk/departments/law/people/anna-carline

Register to save articles to
your library

Register

Paper statistics

Downloads
22
Abstract Views
160
PlumX Metrics