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The LIV provides feedback to the Law Council of Australia on the proposed Family Law Amendment (Federal Family Violence Orders) Bill 2021

The LIV provides feedback to the Law Council of Australia on the proposed Family Law Amendment (Federal Family Violence Orders) Bill 2021

By LIV Family Law Section

Family Court 


The LIV has provided feedback to the Law Council of Australia in relation to the Senate Legal and Constitutional Affairs Legislation Committee's Inquiry into the Family Law Amendment (Federal Family Violence Orders) Bill 2021 ('the Bill').

This submission was informed by the LIV's Family Law Section, who are broadly supportive of attempts to provide increased protection for victim-survivors of family violence through the introduction of a Federal Family Violence Order ('FFVO'). The LIV acknowledges that the intent of the Bill is to streamline the process for obtaining an order for protection for parties already accessing the federal family law jurisdiction. 

However, the LIV queried the benefit of applying for an FFVO in instances where matters are not already filed in the federal jurisdiction, given that applying for an FVVO is likely more onerous, complex and costly than filing in a state court for a protection order. Further, the LIV sought clarification on whether an interim order is contemplated under the Bill, as occurs in state courts pending the making of a final order, recommending clear legislated pathways for interim protection applications to prevent the risk of family violence escalating. The LIV also expressed its concerns about the Bill’s impact on the workload of the federal courts and legal assistance bodies.  

Read the submission here.
Andy Kuoch
Policy Officer

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