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Report
New program aimed to minimise cost for victims of family violence
ABC NEWS (Australia)
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10/30/2023
Victims of family violence can be so reluctant to take property disputes to court that they instead walk away with nothing. Experts says abusers can use court processes as another way to manipulate their victims.
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00:00
In five years at the Federal Circuit and Family Court, Chief Justice Will Olstegren has seen
00:07
many people lose more than they gain.
00:12
Costs in family law litigation are often so disproportionate to what they're fighting
00:16
over.
00:17
And it's often the first time people step foot inside a courtroom. The process can be
00:22
even more intimidating for those escaping family violence.
00:26
They might leave behind a property law claim simply because they're too scared to face
00:31
their perpetrators.
00:33
Sometimes we find that women who are experiencing family violence, the perpetrator of that violence
00:39
will not engage in the process or will use the process to continue their control or abuse
00:45
over their former partner.
00:47
From today, a national program will support victims of violence, those with minimal assets
00:52
and other vulnerable parties, to resolve their cases quickly and cheaply, with case management
00:58
from registrars around the country.
01:00
It takes the disproportionate imbalance out of the relationship between the parties and
01:06
allows both parties to really have a say in how they might get to closure. And for victims
01:12
particularly of coercive and controlling violence, that's a really powerful shift in the dynamic.
01:18
It's not unusual for a property dispute to cost parties up to half of what their assets
01:23
are actually worth. The financial impact can be devastating for those trying to get back
01:28
on their feet after a relationship has ended.
01:31
We know that having quick, low cost and safe dispute resolution mechanisms for women will
01:37
help them to leave unsafe relationships.
01:41
With some family law cases running into years, the Chief Justice hopes it will help clear
01:46
the backlog and help families get on with their lives.
01:49
There's far too much harm, there's far too much expense in our family law system and
01:54
the Australian families deserve better.
01:56
[BLANK_AUDIO]
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