This bill became law on Dec 10th, 2024.
Law, justice & rights
Family law property cases must now weigh how family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion. affected a person’s contributions and future financial position, which can change property splits after separation.
Family law left gaps by not clearly accounting for family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion., economic abuse, children’s housing needs, pets, and safe handling of sensitive financial information after separation. This bill expands what courts must consider and gives clearer powers on property, maintenance, pet ownership, disclosure, records, and contact-service standards.
After the Family Law ActThe main law this bill changes, setting the rules for property, maintenance, parenting and other family law disputes after separation. was overhauled for parenting matters in 2023, longstanding findings from the 2019 Australian Law Reform CommissionThe law reform body whose 2019 family law report is one of the main sources behind this bill. inquiry and the 2019 to 2021 Joint Select Committee said the wider family law system still remained complex and did not respond well enough to family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion., especially in property and financial disputes after separation. The 2024 bill was introduced to close those gaps by spelling out how courts should deal with family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion., economic abuse, children’s housing needs, pets, disclosure and contact services, and it became law in December 2024 after passing both houses.
The strongest criticism was that parts of the bill were being pushed through without enough scrutiny, creating a risk of drafting problems, unintended consequences and weak safeguards in practice, especially around sensitive information. Those concerns came mainly from Coalition speakers who reserved judgment on parts of the bill, while supportive crossbenchers mostly argued for stronger protections, more legal assistance funding and closer review rather than opposing the bill outright.
Mark Dreyfus MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 10 Dec 2024
Final passage
Passed without a counted vote
1 recorded amendment or procedural vote was found, but no counted vote on the bill itself was recorded.
Passage speed
110 days
From introduction to the latest recorded parliamentary step
Meaning
Family law property cases must now weigh how family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion. affected a person’s contributions and future financial position, which can change property splits after separation.
Family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion. now clearly includes economic or financial abuse, such as controlling money, forcing debts, blocking income, or using dowry demands and cover-ups.
Courts deciding who keeps a family pet can give ownership to one person, transfer the pet to a consenting person, or order a sale, and must consider violence, cruelty, care and attachment.
Property and maintenance decisions can now more clearly take account of who cares for children under 18 and what housing those children need after separation.
The Act also adds clearer court powers for financial disclosure, safer handling of sensitive records, accreditation rules for Children’s Contact ServicesServices that help children spend time or stay in contact with a parent or other person when direct contact needs support or supervision., and a later review of how the reforms work.
This Bill will amend Parts VIII and VIIIAB of the Family Law Act to clearly signal that the family law courts will consider the economic effects of family violence in property and spousal maintenance proceedings under the Family Law Act. These amendments send a strong message to the community that property settlement outcomes should recognise the effect of family violence on individuals, and on the wealth and welfare of the family, where this is relevant. The amendments make clear to the family law courts, and parties negotiating outside of court, that the economic consequences of family violence can be considered when resolving the property and financial aspects of relationship breakdown.Family Law Amendment explanatory memorandum
(2A) For the purposes of paragraph (2)(g), examples of behaviour that might constitute economic or financial abuse of a family member include (but are not limited to) the following:Family Law Amendment as-passed bill text
(7) In considering what order (if any) should be made under this section with respect to the ownership of property that is a companion animal, the court is to take into account the following considerations, so far as they are relevant:Family Law Amendment as-passed bill text
(f) the extent to which either party to the marriage has the care of a child of the marriage who has not attained the age of 18 years, including the need of either party to provide appropriate housing for such a child;Family Law Amendment as-passed bill text
The Bill will also:Family Law Amendment explanatory memorandum
Context
After the Family Law ActThe main law this bill changes, setting the rules for property, maintenance, parenting and other family law disputes after separation. was overhauled for parenting matters in 2023, longstanding findings from the 2019 Australian Law Reform CommissionThe law reform body whose 2019 family law report is one of the main sources behind this bill. inquiry and the 2019 to 2021 Joint Select Committee said the wider family law system still remained complex and did not respond well enough to family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion., especially in property and financial disputes after separation. The 2024 bill was introduced to close those gaps by spelling out how courts should deal with family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion., economic abuse, children’s housing needs, pets, disclosure and contact services, and it became law in December 2024 after passing both houses.
ALRCThe law reform body whose 2019 family law report is one of the main sources behind this bill. report says family law needs major change
The Australian Law Reform CommissionThe law reform body whose 2019 family law report is one of the main sources behind this bill.'s final report identified systemic problems in family law and became a key foundation for later reforms.
Explanatory memorandum ↗Parliamentary inquiry finds family law still fails many families
The Joint Select Committee period was later cited in debate as showing the system remained complex, confusing and ineffective in responding to family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion..
Hansard ↗Earlier family law reforms on parenting matters commence
Speakers said the 2024 bill built on parenting reforms that had just started, leaving property, financial and safety issues as the next major gap to fix.
Hansard ↗Government introduces the Family Law Amendment Bill 2024
The Attorney-General said the bill would address recommendations from recent family law inquiries and make property and financial disputes safer, simpler and fairer.
Hansard ↗Parliament passes the bill
Both houses agreed on the final text, clearing the way for the new rules on family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion., economic abuse, pets, disclosure and children's housing needs to become law.
Parliamentary timeline ↗Family Law Amendment Act 2024 receives Royal AssentThe final formal step that turns a passed bill into an Act of Parliament.
Royal AssentThe final formal step that turns a passed bill into an Act of Parliament. completed the bill's passage and turned the reforms into an Act.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
Second reading debate
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered the bill in detail and dealt with amendments before the next stage.
Consideration in detail debate
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (12/09/2024): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (31/10/2024)
Referred to committee
APH bill page notesThe chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered amendments before the bill moved to the next stage.
Third reading agreed to :
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Consideration of Senate message
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final formal step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
The strongest criticism was that parts of the bill were being pushed through without enough scrutiny, creating a risk of drafting problems, unintended consequences and weak safeguards in practice, especially around sensitive information. Those concerns came mainly from Coalition speakers who reserved judgment on parts of the bill, while supportive crossbenchers mostly argued for stronger protections, more legal assistance funding and closer review rather than opposing the bill outright.
Criticism was real but mostly conditional, focused on scrutiny, safeguards and implementation rather than the bill’s overall aim.
Rushed scrutiny and unintended consequences
The main objection was that several measures needed closer examination before becoming law, because rushed amendments and broad changes could produce outcomes that do not match the real problems families face or could even make some family law outcomes worse.
Safeguards and support may still be too weak
Some supporters argued the bill did not go far enough to protect confidential and trauma-related information in court and warned that reforms would be less effective without stronger legal assistance funding and careful follow-up review.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.
House
The House agreed to the amendments made by the Senate, so the bill could pass both chambers in the same form.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Senate
Defeated 13 to 23. Support came from Greens, Australia's Voice, and minor parties and independents. Opposition came from Labor, Liberal Party, Jacqui Lambie Network, and Nationals.
The Senate rejected the proposed second-reading statement 13 to 23, so the bill proceeded without those added calls and was read a second time.
After the protected-confidence question, the Senate agreed to the remaining Government amendments on sheet QL114.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Start here — lead voices
Dreyfus supports the bill and says it will make property and financial parts of family law safer, simpler and fairer, especially by recognising the economic impact of family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion. and improving disclosure, child contact services and other court processes.
Read in Hansard ↗Steggall supports the bill and says it is a step in the right direction because it better recognises family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion. in property settlements, housing decisions and protections for sensitive information.
Read in Hansard ↗Zoe Daniel supports the bill and says it will improve family law outcomes for victims-survivors by making family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion. a relevant factor in property and maintenance matters and by tightening disclosure rules.
Read in Hansard ↗Jenny McAllister supports the bill, saying it will make family law safer, simpler and fairer by codifying property settlement steps, recognising the economic impact of family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion., and improving protections for separating families.
Read in Hansard ↗All speeches by bloc
4 speakers · 5 contributions · 4 support
“In closing, the Bill is a further significant step towards a safer, more accessible, just and fair, family law system, especially for separating families seeking to divide their property or resolve their finances. It builds on the Government's landmark reforms of 2023, which primarily focused on ensuring the safety and best interests of children in parenting matters. The Government has listened, and responded, to broad-ranging feedback from the public, from users of the family law system, and from the detailed reviews into the family law system. In proposing these measures, the Government thanks all who have contributed to relevant inquiries and the consultation process on this Bill.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Mark Dreyfus on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Dreyfus supports the bill and says it will make property and financial parts of family law safer, simpler and fairer, especially by recognising the economic impact of family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion. and improving disclosure, child contact services and other court processes. He presents it as a further step toward a safer, more accessible family law system and urges the House to pass it.
“In closing, the bill is a further significant step towards a safer, more accessible, just and fair, family law system, especially for separating families seeking to divide their property or resolve their finances.”Read this contribution in Hansard ↗
Second reading speech
Dreyfus supports the bill, saying it will make property and financial settlements after relationship breakdowns safer, simpler and fairer, especially where family violenceIn this bill, the term covers not just physical abuse but also financial control, debt forcing, income blocking and other forms of coercion. is present. He says it also improves children’s contact servicesServices that help children spend time or stay in contact with a parent or other person when direct contact needs support or supervision., protects confidential information in family law proceedings, and makes the family law system clearer and more efficient.
“This bill will make resolving property and financial aspects of relationship breakdowns safer, simpler and fairer for separating families, especially where family violence is present. We know that those affected by family violence struggle to achieve a fair division of property after a relationship breakdown and suffer long-term financial disadvantage. Family violence may also be a barrier to women seeking a property settlement at all. This bill is an opportunity to send a strong message to the community that property settlement outcomes should recognise the effect of family violence on individuals and on the wealth and welfare of the family where this is relevant. It is an opportunity to provide additional safety, reassurance and predictability for families by providing for the establishment of a regulatory framework for children's contact services to ensure safe and child focused services for families who cannot safely manage contact arrangements themselves.”Read this contribution in Hansard ↗
“Sometimes we debate legislation in this chamber and in the main chamber that doesn't have much impact on people's lives, but legislation like this completes the family law changes that we've been introducing, and it will make a massive impact on the lives of tens of thousands, if not hundreds of thousands, of Australians in the future.”Read the full speech in Hansard ↗
“Finally, these reforms send a message to the victims and survivors of family and domestic violence: that the law advocates for them and wants fairer outcomes from legal processes. I wholeheartedly commend the bill to the House.”Read the full speech in Hansard ↗
1 speaker · 1 mixed
“As I said at the outset, the coalition agrees about many of the problems and issues this bill seeks to address. We welcome those parts of the bill, in particular, where Labor has built on the work the coalition commenced in government or has adopted positions which align with the coalition's position. The appropriate way forward is to look at these measures carefully so that we understand their impact on families before committing them to law. We will continue to be sensible, cautious, sensitive and pragmatic in these areas. I thank the House.”Read the full speech in Hansard ↗
2 speakers · 2 support
“It is obvious to so many of us who have dealt with the family law system that consideration of family and domestic violence needs to be and is finally going to be a consideration when it comes to property settlements and other areas. It really should have been a consideration much before now.”Read the full speech in Hansard ↗
“A strong and sustainable women's legal sector is vital if we are to end violence against women and children in a generation, as the National Plan to end Violence against Women and Children sets out to do. I'm aware of a recent government injection of funding in this area, but in addition I'm calling for investment into women's legal services to fully meet domestic and family violence demand. This must accompany the changes to the Family Law Act to give them full effect. I commend this bill to the House.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail debate
Consideration in detail
The chamber considered the bill in detail and dealt with amendments before the next stage.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
House · Consideration of Senate message
House agreed to Senate amendments
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final formal step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Senate Legal and Constitutional Affairs Legislation Committee; Committee report (31/10/2024)
Referred to committee
Referred to Committee (12 Sept 2024): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (31 Oct 2024)
APH bill page notes
