THE FAMILY LAW SYSTEM SHOULD RESOLVE CONFLICT — NOT BECOME ANOTHER ARENA TO CONTINUE IT. 

Australia's family law system exists to resolve disputes fairly, protect children and help families move forward after separation.

For many families, it does.

But for others, particularly where there has been domestic and family violence, coercive control or financial abuse, the legal process itself can become another means through which abuse continues.

When legal proceedings are deliberately prolonged through repeated non-compliance, unnecessary applications, delay or procedural obstruction, the consequences extend far beyond legal fees.

Families can lose their life savings.

Children can live with prolonged uncertainty.

Recovery can be delayed.

Lives can be placed on hold.

This pattern of behaviour is commonly referred to as litigation abuse, the deliberate misuse of legal processes to continue control, create financial pressure or wear another person down after separation.

It can include repeated breaches of court orders, refusing to provide financial disclosure, unnecessary applications, procedural obstruction or deliberate delay intended to increase cost and prolong proceedings.

When these behaviours are used deliberately to wear another party down, increase legal costs or prolong proceedings without legitimate purpose, they can become another means of continuing coercive control after separation.

This petition is not about criticising Australia's courts or the many dedicated judges, lawyers and professionals working within the family law system.

It is about recognising that when legal processes are deliberately misused to continue coercive control or financial abuse, the law should respond just as firmly as it does to any other form of abuse.

Justice isn't only about the outcome.

It's also about the path it takes to get there.

WHY REFORM IS NEEDED

Research, legal commentary and the experiences of many victim-survivors have highlighted concerns that legal processes can, in some cases, be misused to continue patterns of coercive control and financial abuse after separation.

Deliberate delay.

Repeated breaches of court orders.

Failure to provide financial disclosure.

Unnecessary procedural applications.

These behaviours increase legal costs, prolong uncertainty and place significant emotional and financial pressure on families already trying to rebuild their lives.

They can also undermine confidence in the justice system by allowing legal processes to be used in ways that cause unnecessary harm rather than resolve disputes efficiently.

While Australia has introduced important reforms in recent years, meaningful consequences for non-compliance remain uncommon at the stages where they matter most. As a result, the incentive to unnecessarily prolong proceedings can remain.

Family law should resolve conflict—not become another means of continuing it.

WHAT WE ARE CALLING FOR

Australia has taken important steps in the right direction.

The goal is simple: remove the incentives that allow litigation abuse to continue while preserving fairness, judicial independence and procedural justice.

We call on the Australian Government to introduce practical reforms that strengthen accountability, including:

• Make cost orders the ordinary consequence—not the exception—where a party unnecessarily delays proceedings, breaches court orders or fails to comply with disclosure obligations, unless the interests of justice require otherwise.

• Introduce meaningful consequences for repeated non-compliance with court orders, including appropriate procedural, financial or other sanctions where proportionate and in the interests of justice, so that delay is no longer an effective or cost-free litigation strategy.

• Empower courts to make interim cost orders throughout proceedings where litigation conduct has caused unnecessary expense or delay—not only at final hearing.

• Recognise litigation abuse as a potential continuation of coercive control where supported by the evidence, and ensure the family law system responds accordingly.

• Strengthen disclosure obligations and ensure repeated failures to comply attract timely and proportionate consequences.

• Improve access to Legal Aid and specialist legal assistance for vulnerable parties experiencing litigation abuse by ensuring financial disadvantage does not prevent meaningful access to justice.

• Provide ongoing education and training for judicial officers, legal practitioners and family dispute resolution professionals to improve recognition of litigation abuse and its relationship with coercive control and financial abuse.

• Ensure the best interests of children remain central by reducing unnecessary delay and promoting the timely resolution of proceedings wherever possible.

• Commission an independent review into litigation abuse, its prevalence, its impact on victim-survivors, children and access to justice, with recommendations for further reform.

WHY THIS MATTERS

Every unnecessary delay has a cost.

Not only financially.

Emotionally.

Professionally.

Psychologically.

And for many children, developmentally.

Every month of unnecessary conflict is another month children remain exposed to uncertainty.

Every unnecessary delay means more uncertainty.

More legal costs.

More stress.

More time before families can begin rebuilding their lives.

A justice system should resolve disputes efficiently, fairly and safely—not unintentionally provide opportunities for ongoing harm.

Practical, evidence-informed reform can strengthen confidence in Australia's family law system while preserving fairness, judicial independence and access to justice.

Justice should never depend on who can afford to keep fighting the longest.

A family law system built to protect families must also protect them from the misuse of its own processes.

OUR CALL TO ACTION

Every unnecessary delay has a cost.

Every family deserves the opportunity to move forward.

No one should have to choose between poverty or safety.

Abuse shouldn't just change form.

It should stop.

Take away the reward.

Take away the weapon.

A system built to protect families should do exactly that.

If you believe Australia's family law system can be strengthened through practical, evidence-informed reform, please add your name today.

Together, we can help build a family law system that resolves disputes fairly, promotes accountability, protects families from ongoing harm and allows people to rebuild their lives without the stress of years of litigation and financial pressure. 

This petition is just the beginning.

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