Family Law and the 2023 Federal Budget

In the recent budget presentation on May 9, 2023, the Albanese government confirmed its commitment to supporting crucial measures aimed at addressing the impact of family violence on women and children, as well as providing assistance to vulnerable parties involved in family law matters. Here are the key highlights:

1. Sustained Funding for Family Violence Prevention Legal Services: The government has allocated $68.6 million over two years to ensure continued funding for Family Violence Prevention Legal Services. This investment will enable these organizations to offer culturally safe services to Aboriginal and Torres Strait Islander victim-survivors of family violence. It is an essential step as funding for these organizations was scheduled to expire at the end of the financial year.
2. Expansion of Family Law Property Programs: Two existing family law property programs will receive expanded support:

• The Family Law Priority Property Pools program (PPP500), catering to property pools valued under $500,000, will receive $33.1 million over four years. This funding will benefit the Federal Circuit and Family Court of Australia, as well as the Family Court of Western Australia.
• The lawyer assisted family law property mediation program will be extended with $13.4 million in funding. State and territory Legal Aid Commissions will utilize this funding to offer legal advice and support for mediating small property disputes.

3. Enhancing the safety of women and children involved in matters under the Hague Convention on the Civil Aspects of International Child Abduction A budget allocation of $18.4 million has been designated to improve the:

• Introducing a financial assistance scheme ($7.4 million) to ensure eligible respondent parents have access to legal representation comparable to that provided to applicant parents.
• Allocating $5.3 million for early dispute resolution measures, aiming to divert cases from contested Hague hearings and enhance safety outcomes.
• Investing $5.7 million to enhance the capabilities of the Attorney-General’s Department in obtaining and presenting evidence regarding family violence in Hague Convention cases.

Additionally, the government has demonstrated its commitment to further reform by announcing additional funding for the Attorney-General’s Department, Office of Parliamentary Counsel. This funding, amounting to $6.1 million over four years, will assist in expanding legislative drafting capacity. 

The Law Council of Australia has expressed concerns about the government’s lack of attention to the ongoing crisis in legal aid funding. You can read more here. 

For further information, please refer to the official media release from the Attorney-General available here, and the Women’s Budget Statement can be accessed here.

Article by Kate Allenby, original article produced by Family Law Section.
Photo by Marcus Reubenstein on Unsplash