Violence tops legal-aid funded family law cases

Domestic violence features in most family-law cases handled by the nation’s legal-aid commissions, a new audit shows.

Domestic violence features in most family-law cases handled by the nation’s legal-aid commissions, a new audit shows.

The analysis reveals that domestic violence was a factor in 79 per cent, or 21,000, of family-law cases funded by legal aid in the past financial year.

The highest incidence of domestic violence in family-law matters was in the Northern Territory (88 per cent of cases), Western Australia (84 per cent) and Victoria (81 per cent).

NSW recorded the highest number of cases, with domestic violence featuring in more than 6500 legal-aid family-law cases, followed by Queensland, which had more than 5300 cases last fin­ancial year.

National Legal Aid chairwoman Suzan Cox QC said there was an urgent need for more legal-aid funding for victims of domestic violence.

She said many low-income victims of domestic violence did not even qualify for legal aid and were forced to navigate the legal system alone because the means test was set so low, a situation that stemmed from inadequate government funding.

“These low-income domestic violence victims can’t afford lawyers and are frequently in bitter dispute with partners over the care of their children,” she said.

“It is essential the assistance they receive is better funded.”

She said domestic violence victims often encountered legal issues relating to abuse and separation, including tenancy, property and debt-related problems. “It is vital for these victims to ­access legal assistance safely and quickly from properly funded service providers with the required depth of legal expertise.”

Ms Cox said a recent report by a Council of Australian Governments advisory panel on reducing violence against women and children, led by former Victorian police chief commissioner Ken Lay, highlighted the need for increased legal assistance for domestic violence victims.

“The report also calls for greater integration, collaboration and information sharing to support victims,” she said.