Domestic Violence, Property and Family Law in Australia

Patricia EASTEAL, Lisa Young, Anna Carline

Research output: Contribution to journalArticle

2 Citations (Scopus)

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.
Original languageEnglish
Pages (from-to)204-229
Number of pages26
JournalInternational Journal of Law, Policy and The Family
Volume32
Issue number2
DOIs
Publication statusPublished - 1 Aug 2018

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EASTEAL, Patricia ; Young, Lisa ; Carline, Anna. / Domestic Violence, Property and Family Law in Australia. In: International Journal of Law, Policy and The Family . 2018 ; Vol. 32, No. 2. pp. 204-229.
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Domestic Violence, Property and Family Law in Australia. / EASTEAL, Patricia; Young, Lisa; Carline, Anna.

In: International Journal of Law, Policy and The Family , Vol. 32, No. 2, 01.08.2018, p. 204-229.

Research output: Contribution to journalArticle

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