In 2018, it was reported that 1 in 6 women and 1 in 16 men had experienced violence from an intimate partner.[1]
By 2022, this had increased to 1 in 4 women and 1 in 14 men.
A media release published by the Federal Circuit and Family Court of Australia indicated that family violence was alleged in 80% of its cases, and child abuse or risk of child abuse, was alleged in 70% of cases.[2]
Amendments to the Family Law Act 1975 came into effect from 10 June 2025. As part of these amendments, the Court is now explicitly required to consider the effect of family violence when determining what orders to make for a property settlement.
Australia clearly has a significant family violence problem, and there is a growing recognition of this problem and associated social and economic consequences.
A silent, lesser-known consequence is the weaponisation of false allegations of family violence. This is an allegation that is either, wholly or in part, false – whether intentionally or otherwise.
False allegations of family violence are a significant issue, for both victim-survivors of legitimate family violence, and the victim of the false allegation.
False allegations:
- Take resources away from the bodies that are responsible for preventing family violence and protecting victim-survivors, for example the police, the Department of Communities and Justice (or other State authority) and the Court;
- Undermine and obscure legitimate family violence; and
- Can have a detrimental and life-altering impact on the victim of the false allegation.
As part of the recent amendments, the less adversarial model of litigation (which automatically applies to child-related proceedings in the Federal Circuit and Family Court of Australia) may now also be applied to property and other non-child related proceedings.
In essence, this means that certain rules of evidence, including the rules against hearsay, opinion, conclusion and tendency evidence, do not apply. That is, evidence of that type, which would normally not be permitted, is now allowed.
Given that family violence can be discreet in nature, typically taking place behind closed doors, these amendments make it clear that the Court will take into account the effect of family violence in property settlements, and will also give the Court scope to consider evidence of family violence, no matter its shape or form.
Since 10 June 2025, family violence is more explicitly relevant to property proceedings. Unfortunately, there will likely be a proportionate increase in the number of false allegations.
What does this mean for me?
- If you’re a victim-survivor of family violence going through Family Law proceedings, it’s imperative that your evidence is presented in the best possible way, to ensure that you achieve the best possible outcome.
- If you’re a victim of a false allegation(s) and are going through Family Law proceedings, it’s extremely important that any false allegations are forensically investigated and rebutted, to minimise the potential impact that such false allegations may have on your proceedings and your life.
These amendments serve as a timely reminder of the importance of specialist Family Law advice and representation if you’re a victim-survivor of family violence or a victim of a false allegation, for both parenting and property proceedings.
If these issues affect you or someone you know, Coleman Greig’s Family Law team is here to help.
[1] AIHW, Family, Domestic and Sexual Violence in Australia: Continuing the National Story 2019 Report.
[2] Media Release: Federal Circuit and Family Court of Australia launches major family law reform to improve safety and support for children and families, 5 December 2022.
