Family Court- secret family violence best practice principles

Family Court- secret family violence best practice principles

A month ago I posted about how the Family Court had stated that it had issued best practice principles about family violence.

No doubt good stuff- but where were these principles? Nowhere to be seen.

I then wrote to the court’s media officer. Here is the substantive response, which I have just received:

I apologise for raising expectations via the media release on the
FVBPP – the purpose was to tell parties and practitioners that, in addition to
the programs and processes they might utilise when violence is alleged,there was
activity ‘behind the scenes’ as well to address violence.
The release clearly begged the question because I have had numerous
requests for copies of the FVBPP or questions why they can’t be found on
the website.However, the FVBPP are for the guidance of the judges and as present
they are not available to a wider audience.

The courts pride themselves on transparency. When judges make decisions in which their reasons are not completely transparent, they are rightly criticised on appeal.

For the sake of transparency, the court ought to release the principles for public scrutiny. If US courts can do so, there ought to be no reason that the Family Court cannot do so. When the Family Court published its family violence policy, it did so in the public eye, after much public consultation.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Self-Represented Litigant in Family Court Australia: What You NEED to Know First

Representing yourself in the Federal Circuit and Family Court of Australia is increasingly common. Cost pressures, the perceived simplicity of some disputes and a desire to stay hands-on drive many people to act without a lawyer. That can work in certain circumstances, but there are important legal and practical limits to be aware of —… Read More »Self-Represented Litigant in Family Court Australia: What You NEED to Know First

My Surrogacy Reform Wish List for Australia

Australia’s surrogacy framework is fragmented, outdated and producing avoidable harm for intended parents, surrogates and, most importantly, children. A clearer, fairer and nationally consistent approach to surrogacy law reform would reduce cost, stress and legal uncertainty while better protecting human rights and minimising exploitation. Below is a practical wish list for reform that focuses on… Read More »My Surrogacy Reform Wish List for Australia

Harmful proceedings orders

A change that was made to the Family Law Act 1975 in 2024 was to allow the Federal Circuit and Family Court of Australia and the Family Court of Western Australia to make a harmful proceedings order. This is to stop the never ending cycle of abusive court proceedings, which often stretch on for a decade, and… Read More »Harmful proceedings orders

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board