NEW LEGISLATION - Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025

We all know that legislation is not perfect - but there are some incredible forward movements in our judicial space at the moment.

This was was introduced by Dr Tracey McLellan

Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025 – The Evidence (Giving Family Violence Evidence in Family Court Proceedings) Amendment Act 2025 (Act 44 of 2025) amends the Evidence Act 2006 to enable witnesses in Family Court to provide evidence regarding family violence via alternative methods, such as video link or from behind a screen. Enacted to enhance safety and reduce trauma.

This legislation will take effect on 26 February 2026 for proceedings commenced on or after that date. 

Proceedings commenced prior to 26 Feb 26 and not yet completed will continue under the old law (i.e., parties will have to apply, and the Judge can direct evidence to be given in a different way).

Additional reading that discusses the purpose and history of the legislation can be found here - Community Scoop » Evidence (Giving Family Violence Evidence In Family Court Proceedings) Amendment Bill — Third Reading