Welcome legal reforms in the family violence space

In recent times, there have been some significant statutory strides taken in the family violence space to better protect victims. 

The purpose of this article is to summarise the key features of four pieces of legislation which have recently or will soon come into force, and which family law practitioners should be familiar with.  

Family Proceedings (Dissolution of Marriage or Civil Union for Family Violence) Amendment Act 2024

Under this Act, family violence victims need no longer wait the two year ‘stand down period’ before obtaining a dissolution of their marriage or civil union to their perpetrator - representing a substantial reform to our longstanding laws in this area.   

Previously, the single ground for making an application to dissolve a marriage or civil union was that it had broken down irreconcilably; established on the Court’s satisfaction that the parties to the union are living apart and have been for a minimum period of two years preceding its filing.¹  

Whilst this ground remains, a second has been introduced where the applicant is a protected person under a protection order made against their spouse or civil union partner.²  In this case, the wait period does not apply.³  

Matters to note include:

1. a copy of a protection order is sufficient evidence that the applicant is a protected person;⁴ 
   
   
2. a protection order in this context means a final protection order under the Family Violence Act 2018;⁵ and
   
   
3. any dissolution order made under this additional ground remains valid even if the protection order relied upon is discharged⁶. 

A joint application can be filed if both parties have final protection orders in place against each other.⁷  

An early dissolution may impact other claims that a family violence victim intends to make following separation,⁸ and that will require careful consideration before launching an application under this ground. This Act came into force on 17 October 2025. 

Victims of Family Violence (Strengthening Legal Protections) Legislation Act 2025

Having received unanimous parliamentary support, this Act took effect on 17 February 2026 and gives the court a new statutory tool to protect parties in family violence proceedings from being abused through the continuation or commencement of the court process. 

It provides that the court must take a broad view of conduct both in and out of court proceedings to determine whether a person’s behaviour constitutes ‘litigant abuse.’⁹ This is defined in the Act as using the court system to harass, annoy, harm, or psychologically abuse another party to the proceedings.¹⁰ 

Where satisfied that litigant abuse has occurred, the court has the power to make a new type of order – a ‘litigant abuse order’ – restricting the offending party from taking any further steps in new, related or existing proceedings without first obtaining leave of the court to do so. An order will usually last for up to three years but can be extended to five years in extraordinary circumstances.

Such order can be applied for by a party,¹¹ or imposed by a judge on their own initiative, across courts¹² in a range of proceedings.¹³ 

Where a litigant abuse order is in force and the court grants leave to the person subject to that order to take further steps,¹⁴ they may only take the specific steps authorised by that decision (and the original order otherwise remains in full effect). 

Notably, such orders may be made in relation to proceedings that commenced on or after 17 February 2026, and also proceedings that commenced before that date but have not been finally determined. However, when deciding whether to make an order, the court must only consider a party’s conduct occurring after 17 February 2026.¹⁵ 

Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025 

This Act came into force on 26 February 2026 and amends the Evidence Act 2006 so as to confer an entitlement to a party of witness to give evidence of family violence in family court proceedings in an alternative way. It establishes various additional protections to reflect those available to similarly vulnerable complainants and witnesses in criminal proceedings.

The Act provides that written notice is to be given as follows:

1. Any party intending to give family violence evidence or call a witness who will give family violence evidence, must provide every other party and the court with a written notice stating the one or more ways in which the evidence will be given. This may include giving evidence in the ordinary way;
   
   
2. This notice, unless a judge permits otherwise, must be given as early as practicable and no later than 28 days before the hearing;
   
   
3. If notice has been given, and it is no longer possible or desirable for the witness to give evidence in the stated way, then the party may file an amended notice, but they must do so as early as practicable.  

The Act further provides that evidence may be given differently either by application or judicial initiative:

1. Notwithstanding the above entitlement, a judge can make a direction that the witness give their evidence or part of their evidence either:
   - In the ordinary way,¹⁶ or
   - In a different alternative way.¹⁷ 
   
   
2. The direction can be made in response to an application filed by any other party, or on the judge’s own initiative;
   
   
3. The application must be made as early as practicable before the hearing, or a later time permitted by a judge;
   
   
4. Before giving the direction, the judge: 
   - Must have given each party an opportunity to be heard in chambers; and 
   - May request and receive a report from a person considered by the Judge to be qualified to advise on the effect on the witness of giving evidence in the ordinary or any alternative way.
   
   
5. When considering whether to give a direction, the judge must, in addition to any other relevant matters, have regard to: 
   -Whether the interests of justice require a departure from the usual procedure¹⁸ in this case; and 
   - The matters detailed in the Evidence Act 2006.¹⁹ 

Importantly, these changes only apply to proceedings commenced on or after 26 February 2026.

Crimes Legislation (Stalking and Harassment) Amendment Bill

Again, with unanimous parliamentary support, this Bill was passed to introduce a new standalone offence to the Crimes Act 1961 for stalking and harassment. It carries with it a maximum sentence of five years’ imprisonment,²⁰ which appears to reflect the well-known risk that such behaviour can escalate to serious physical violence.

For now, in law, stalking is considered and treated as a form of criminal harassment, which has been long regarded as providing an inadequate response. This means that otherwise lawful behaviours, such as watching another person or giving them an unwanted gift, are not captured under the existing regime. 

However, under this Bill, a person is liable to prosecution for the offence of stalking and harassment – which is defined as covering a wide range of ‘specified acts,²¹ – if they:

1. Engage in a pattern of behaviour by doing any specified act to the other person on at least two separate occasions in a two-year period; and
   
   
2. Engage in that pattern of behaviour knowing it is likely to cause fear or distress to the other person.²² 

It also amends other statues including the Family Violence Act 2018²³ and Evidence Act 2006²⁴ (among others).

This law comes into effect in May 2026.

Kesia Denhardt
Kate Sheppard Chambers 

- References -

1. Pursuant to section 39 of the Family Proceedings Act 1980
   
   
2. Under section 39A
   
   
3. See section 39A(4)
   
   
4. And if the protection order is a registered foreign protection order, evidence of its registration under section 219 of the Family Violence Act 2018S – see section 39A(5)
   
   
5. Or a protection order made under section 123B of the Sentencing Act 2002 and that becomes a final order under section 123G of that Act – see section 39A(9)
   
   
6. Or is a registered foreign protection order that had its registration cancelled or ceases to be enforceable in the country in which it was made – see section 39A(8)
   
   
7. See section 39A(2)
   
   
8. Including for spousal maintenance under the Family Proceedings Act 1980 (where the grounds differ before and after dissolution), for orders in respect of settled property under section 182 of that Act (where an application cannot be lodged until a marriage or civil union is dissolved), or for relationship property division under the Property (Relationships) Act 1976 (where proceedings must be brought within 12 months of a final dissolution order absent leave being granted otherwise)
   
   
9. At sections 12B(4), 216A(5) and 169A(3)
   
   
10. At sections 12B(8), 216A(9) and 169A(7)
    
    
11. Noting the Family Court Rules 2002 will be amended to set out and give effect to the application process. The respondent to any application must file and serve any notice of opposition and affidavit within ten working days after receiving the application, or three working days before the hearing, whichever occurs first
    
    
12. Via amendments to the Family Court Act 1980, District Court Act 2016 and Senior Courts Act 2016 (though noting that in the case of the Court of Appeal, such order can only be imposed by a judge)
    
    
13. Under the Status of Children Act 1969, Domestic Actions Act 1975, Property (Relationships) Act 1976, Family Proceedings Act 1980, Child Support Act 1991, Care of Children Act 2004 and Family Violence Act 2018 (only)
    
    
14. Noting again, the Family Court Rules 2022 will be amended to set out the leave application process
    
    
15. See schedules 1, 2 and 3
    
    
16. Under section 83 of the Evidence Act 2006
    
    
17. Under section 106BB of the Evidence Act 2006
    
    
18. At section 106BB(1)
    
    
19. At section 103(3) and (4)
    
    
20. See section 216Q
    
    
21. See section 216P
    
    
22. See section 216O (noting that the specified acts on each separate occasion may be the same type or different types)
    
    
23. So as to include stalking in the definition of psychological abuse in section 11
    
    
24. Including section 95 of that Act, so as to extend the restrictions on cross-examination by parties in person to cases of stalking and harassment