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Domestic Violence, Property and Family Law in Australia

journal contribution
posted on 2018-04-23, 09:06 authored by Anna Carline, Patricia Easteal, Lisa Young
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.

History

Citation

International Journal of Law, Policy and the Family

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/Leicester Law School

Version

  • AM (Accepted Manuscript)

Published in

International Journal of Law

Publisher

Oxford University Press

issn

1360-9939

eissn

1464-3707

Acceptance date

2017-12-08

Copyright date

2018

Publisher version

https://academic.oup.com/lawfam/advance-article/doi/10.1093/lawfam/eby005/4978326

Notes

The file associated with this record is under embargo until 24 months after publication, in accordance with the publisher's self-archiving policy. The full text may be available through the publisher links provided above.

Language

en

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