Self-Represented Litigants in Family Law proceedings involving allegations about Family Violence
Led by Dr Jane Wangmann, Prof Tracey Booth, and Senior Lecturer Miranda Kaye
The research
This research, funded by Australia’s National Research Organisation for Women’s Safety (ANROWS), explored the challenges and issues raised when family violence and self-representation co-occur in legal proceedings from the perspective of the parties to the proceedings and the professionals who engage with SRLs.
The research aimed to explore how parties in family law proceedings involving allegations of family violence experience court processes when one or both parties is an SRL; explore the impact of self-representation on family law proceedings involving violence; identify and assess the resources and other measures used by SRLs in family law proceedings; and to formulate appropriate legal and policy responses to better support victims of violence.
The study had two key components: a general interview sample and an intensive case study. The general interview sample comprised interviews with self-represented litigants (SRL), litigants who faced an SRL, and professionals interacting with SRLs. The intensive case study involved observation of 512 court events at eight courts in three states, of which 243 proceedings involved at least one SRL, interviews with people involved in those observed cases, and examination of court files related to the matters observed.
The research identified that being a victim of family violence added a complex layer to self representation. A number of victims of violence who represented themselves not only continued to experience violence after separation, but this also took place in the court precinct; it was manifested in the courtroom and the nature of the litigation was often experienced as legal systems abuse. Without the buffer of a lawyer, SRLs faced this violence directly. Victims who were SRLs generally struggled to adequately document their experience of family violence in their affidavits, and experienced considerable pressure to settle for unsafe or unsatisfactory outcomes. When an SRL was an alleged perpetrator, the court system could be used as a tool to continue abuse, for example through numerous applications in multiple jurisdictions, prolonging court proceedings, refusing to settle, and bringing proceedings after final orders.
How the research supports positive change
The final report made recommendations for ways forward, namely:
- Improving the resourcing of the family law system at all levels and in all aspects
- Increasing access to lawyers and legal advice for SRLs, in particular through the expansion of the Family Advocacy and Support Service
- Increasing access to lawyers and legal services that can assist with preparation and drafting of documentation, with an important need for these services to have a good understanding of family violence and its relevance to parenting and property proceedings
- Providing enhanced, up-to-date, and better information for SRLs in multiple formats, such as the need for a centralised, authoritative website for SRLs on the family law system, perhaps maintained by National Legal Aid or the federal Attorney-General’s Department
- Delivering training and education for professionals such as legal professionals, judicial officers, and family consultants on dealing with SRLs and family violence
- Reducing the complexity of family law matters, in terms of both legislation and process
- Addressing possible system change, particularly the fragmentation of areas of law that respond to family violence, and including the need to consider more innovative, low-cost models of legal service provision
- Providing holistic case management and referral pathways
Access the final report here: “No Straight Lines”: Self-Represented Litigants in Family Law Proceedings Involving Allegations about Family Violence
To find out more
The report was recognised by the Australian Legal Research Awards as a winner of the 2022 Non-Traditional Research Output Award.
Access the following publications:
Miranda Kaye, Tracey Booth and Jane Wangmann, ‘Compromised “Consent” in Australian Family Law Proceedings’ (2021) 35(1) International Journal of Law, Policy and the Family
Jane Wangmann, Tracey Booth and Miranda Kaye (forthcoming 2022), ‘Addressing the Problem of Direct Cross-Examination in Australian Family Law Proceedings’ UNSWLJ
