Addressing coercive control and family violence: insights from The Hatchery conference
This week, our KHQ Family & Relationship Law team sponsored The Hatchery’s Ending Coercive Control and Family Violence Conference in Sydney. This event brought together advocates, victim survivors, policymakers, and family violence specialists to discuss recent legal reforms around coercive control and the ongoing work in the area of family violence across Australia.
The legal system’s role
Recent statistics indicate that 83% of cases in the Federal Circuit and Family Court of Australia include allegations of family violence, and allegations of child abuse or risk of abuse are made in 72% of family law cases. This underscores the critical role of the family law system in responding to and addressing family violence allegations. The recent reforms to the Family Law Act 1975 (Cth) have improved the definition of family violence and enabled the court to make orders regarding family violence in both parenting and property matters, including dealing with pets in this context.
Key voices from the conference
Jess Hill is an investigative journalist and well-known advocate against family violence. Recently appointed as Industry Professor at the University of Technology Sydney, Hill opened the conference with an impassioned speech about the pandemic of family violence and coercive control, its origins, and its long-term impacts on women, children, and families. Hill’s ability to articulate the embedded cultural and gendered issues around family violence is unparalleled.
Robert McLelland, Deputy Chief Justice of the Federal Circuit and Family Court of Australia, addressed recent family law cases of coercive control and family violence. He highlighted the recent training undertaken by judges and judicial staff by David Mandell using the Safe & Together Model, an internationally recognized, perpetrator-pattern-based framework for responding to family violence, focusing on survivor strengths and child safety.
Criminalising coercive control
Coercive control is a pattern of behaviour used to control another person through fear and intimidation. In intimate relationships, this can lead to a loss of independence and include emotional, financial, social, and technological abuse. In the case of Hannah Clarke, coercive control can also be present without physical abuse.
While the discussion around family violence has increased in volume over recent years, legislative reform around the criminalisation of coercive control in NSW in July 2024 and in QLD in May 2025 indicates a cultural shift and provides significant hope for change. However, as these changes are relatively recent, it remains to be seen whether they have had any significant impact.
Between July and December 2024, NSW police recorded 157 incidents of coercive control, but only three charges followed those incidents, with only one conviction. Of the remaining two cases, one is still being determined, and the other was withdrawn. The proven case resulted in an intensive correction order, a non-custodial sentence.
As the Queensland legislation has only been in place for three months, it is not surprising that there have been no recorded prosecutions to date, although approximately 42 victims have been identified. Early indications suggest a considerable gap between reported incidents and resulting charges or convictions, mirroring the overseas experience with similar laws. In England and Wales, where coercive control has been criminalised since 2015, only 1-2% of police-recorded offenses result in a conviction.
Looking ahead
Despite the challenges in prosecution and conviction rates, these reforms signify a cultural shift and a commitment to protecting victims. The insights shared at the Sydney conference underscore the complexities of coercive control and the need for continued advocacy, education, and legal refinement to ensure these laws effectively serve their purpose. As we move forward, it is crucial to build on these discussions and work collaboratively to create a safer environment for all individuals affected by family violence.
Our Family & Relationship Law team regularly works with clients affected by family violence. Sponsoring this conference reflects our commitment to staying at the forefront of legal and cultural developments in this area, and to using our expertise to help create safer outcomes for families.