Expert lawyers are working with respondents of FVROs to ensure speedy and fair outcomes for all.
In July 2021, conferencing became available in the Perth Magistrates Court for Family Violence Restraining Order matters.
Sussex Street Community Law Service provides legal services to respondents as part of the conferencing process.
What is conferencing and how does it work?
Conferencing is a type of mediation to resolve disputes.
The conference is heard by a Magistrates Court Registrar, who will meet with both parties to discuss the Family Violence Restraining Order (FVRO). They assist in attempting to a resolution before the case has to go to a final order hearing at court.
The parties will be placed in separate rooms at the Court, and the Registrar will "shuttle" between the two rooms to see if the parties can reach an agreement without having to go before the Magistrate. This form of conferencing is sometimes referred to as "shuttle conferencing".
At no stage during the Conference process are parties required to be present in the same room.
As a respondent to a Family Violence Restraining Order, the Department of Justice through Sussex Street Community Law Service will offer to you an experienced lawyer, who will guide you through the process.
At the conference, the Registrar will try to develop options with the parties to resolve the proceedings as quickly as possible. The Registrar will determine:
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What facts/issues (if any) are agreed to by the parties
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Whether there are any unusual or urgent matters that require special attention
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What questions are to be determined by the Magistrate at the final order hearing
If the matter cannot be resolved at the conference, the Registrar may make orders to ensure that the matter is ready for the final order hearing, allowing for quick and orderly proceedings.
It is important that you make contact with us as soon as possible so we can understand that matter and prepare for your conference.
Find out more about Conferencing with videos by the Magistrates Court of Western Australia.
In Western Australian courts, many matters are resolved by alternative dispute resolution.
Conferencing is a less formal environment than going before the court. It allows parties to ask procedural questions and to get an understanding of each other's issues.
It is a safe method of alternative dispute resolution and is expected to resolve a high number of family violence restraining order (FVRO) matters.
Conferencing allows the registrar to make orders that are more flexible than ordinary court orders as they are tailored to suit the individual needs of the parties.
When making orders at the conference, the registrar will explain the purpose of the orders, which helps parties to understand the effect of the orders and each party's rights and obligations under the orders.
The Sussex Street Community Law Service lawyer will work with you as the respondent to a FVRO to ensure that:
Your rights are maintained.
You are guided through the process in accordance with the Guiding Principles (Section 10B of the Restraining Orders Act 1997- Principles to be observed in performing functions in relation to FVROs).
Our duties to the Court are maintained.
Initially, conferencing will only be available for family violence restraining order applications lodged at Magistrates Courts in WA.
See Court Locations and Contacts.
If you are the applicant, you may opt out of the conference when you lodge the form “Information for an application for a Family Violence Restraining Order or Violence Restraining Order”.
Application - Family Violence Restraining Order or Violence Restraining Order (PDF)
Application - Family Violence Restraining Order or Violence Restraining Order (Word)
On page 3, you will be asked “If conferencing is available, do you object to the matter being listed for a Conference?”. If you object to the conference (decline), you must place a cross in the box marked “yes”.
At the interim hearing, the magistrate may ask you again if you wish to opt in or out of the conference and provide further information about conferencing.
If you are the respondent, you may opt out of the conference when you lodge the objection with the court. On the Objection Form, you will be asked “If conferencing is available, do you object to the matter being listed for a Conference?”. If you object to the conference (decline), you must place a box in the box marked “yes”.
Regardless of whether you are the applicant or the respondent, if there is no response provided to the conferencing question, the court will assume that you do not object to the matter being listed for a conference and conferencing will go ahead.
If you wish to opt back into conferencing, you must write to the court to request that the matter be listed for a conference at any stage up to 28 days before the final order hearing
This allows sufficient time for the final order hearing date to be reallocated to another matter.
You may lodge the letter with the court over the counter or by sending an email to the court location where the application was lodged. For a list of court telephone numbers and email addresses, please see the Court locations and Contacts page.
Where you or the other party is legally represented, it is best practice for you to copy the legal practitioners into correspondence with the court.
If Sussex Street is legally representing you, you can contact us by email or phone.
Where neither party is legally represented, the court will contact the other party to inform them that you have opted back into conferencing.
It is important to remember that just because you have opted in, it doesn't mean that your matter will automatically be listed for a conference. Both parties must not have opted out of conferencing for the matter to be listed for a conference.
Sussex Street Community Law Service
Sussex Street Community Law Service is a not-for-profit non-government community-based organisation that provides access to accountable, non-judgmental and effective legal and social services to low-income people in the community.
At the Perth Magistrates Court, we appear as legal counsel in family violence restraining order "shuttle" conferencing as well as provide a respondent duty lawyer service.
Phone: (08) 6253 9500
Aboriginal Family Law Service provides legal and community education services for all Aboriginal people, who have experienced family or domestic violence, sexual assault, including men, women and children.
Phone: 1800 469 246
Aboriginal Legal Service of Western Australia provides legal representation and support services to Aboriginal and Torres Strait Islander people in Western Australia.
The service provides information, support and referrals for people affected by family and domestic violence (including safety planning, risk assessment, court support, and assistance in bringing applications for family violence restraining orders).
Phone: (08) 9265 6666
Free call: 1800 019 900
After hours: (08) 9265 6644
Community Legal Centres Association of Western Australia
Services provided may include legal information, advice and representation to individuals and groups. Most services are free or very low cost.
Phone: (08) 9221 9322
Fremantle Community Legal Centre (FCLC) is not-for-profit organisation, which provides legal services to financially disadvantaged and vulnerable members of the community (prioritises victims of violence, CaLD and Indigenous clients). The centre provides assistance with legal advice in family law, protection and care, criminal injuries compensation claim, tenancy and social security matters.
FCLC also provides document drafting, court representation at the Fremantle Magistrates Court for family violence restraining order matters, limited representation in Family and Chidren's Court of WA, mediation, information and referrals and non-legal support.
Phone: (08) 9432 9790
Northern Suburbs Community Legal Centre
Northern Suburbs Community Legal Centre aims to provide clients with a service that is specific to their needs. They understand that legal and social matters can be complex and often require a combination of legal, social and financial support.
The Joondalup office provides a respondent duty lawyer service at the Joondalup Magistrates Court, which is the only one of its type in Western Australia.
They also appear as legal counsel in family violence restraining order shuttle conferencing at the Joondalup Magistrates Court.
Joondalup Phone: (08) 9301 4413
Mirrabooka Phone: (08) 9440 1663
Law Society of Western Australia
The Law Society of Western Australia is the peak professional association for lawyers in Western Australia.
This website provides a search facility to find Law Society members with experience in particular areas of law and assistance to find contact details if you already have the name of a lawyer.
Level 4, 160 St Georges Tce, Perth Western Australia 6000
Phone: (08) 9324 8600
Fax: (08) 9324 8699
Email: info@lawsocietywa.asn.au
Office Hours: 9:00am to 4:00pm
Postal address: PO Box Z5345, Perth WA 6831
Legal Aid WA advises and assists women about legal matters including family law and children's matters.
Phone: 1300 650 579
Below is a list of support services. Some of these support services are specifically tailored to men or women and FVRO applicants or FVRO respondents.
1800RESPECT is a telephone service that offers confidential counselling support, information and referral options for anyone impacted be family violence or sexual assault.
This service is available 24 hours a day, 7 days a week.
Phone: 1800 737 732
Aboriginal Family Support Service aims to support and strengthen Aboriginal families through the generations.
Their program provides information, advocacy, referrals as well as group activities, respite camps and peer support groups.
Phone: (08) 6330 5400
Anglicare WA provides support and advocacy to adult victims of family and domestic violence.
Anglicare can provide a range of services including referrals to agencies, support with legal and court proceedings, police liaison and emotional support services.
Phone: 1300 11 44 46
Centrecare is a Catholic not-for-profit community services organisation, delivering professional counselling, support mediation and training services throughout Perth, Goldfields, Esperance and South Western regions of Western Australia.
It operates a telephone hotline, counselling and help programmes. It offers crisis-specific and long-term post crisis support.
Phone: (08) 9325 6644
Crisis Care is a telephone information and counselling service for people in crisis needing urgent held, including those escaping family violence.
This service operates 24 hours a day, 7 days a week.
Phone: (08) 9223 1111
Department of Communities’ Domestic Violence Help Page
The Department of Communities provides a domestic violence help page, which links to a range of services, including services specific to CaLD people, people of diverse sex, sexuality and gender and Aboriginal and Torres Strait Islander people.
Phone: (08) 6217 6888
Free call: 1800 176 888
This service provides information about family relationships at all stages.
If you are parents experiencing separation, the Family Relationship Centre can help you focus on your children’s needs and help you decide what to do next.
Phone: (08) 6164 0300
Health Direct - Domestic violence against men
Domestic violence can happen to anyone, including men. Violence or abuse from somebody close to you can be devastating and have a negative effect on your mental and physical health. It’s important to know that you don’t have to go through it alone and that help is out there.
Weblink:
Men's Domestic Violence Helpline | healthdirect
Lifeline provides services that aim to prevent suicide, support people in crisis and create opportunities for emotional wellbeing.
Phone: 131 114
With MensLine Australia’s online counselling, you can access free professional support, no matter where you are in Australia.
Their qualified counsellors specialise in family and relationship issues, including relationship breakdown, separation and divorce, parenting, family violence, suicide prevention and emotional well-being.
Phone: 1300 78 99 78
Men’s Domestic Violence Helpline
Provides counselling and referrals for male perpetrators as well as male victims of family and domestic violence.
Phone: (08) 9223 1199
Free call: 1800 007 339
Multicultural Women’s Advocacy Service
This service is available to women, who are recent arrivals or long- term residents of multicultural background.
They may be in crisis situations, refuges, still remaining in their relationships or re-establishing themselves into the community after leaving a refuge.
Phone: (08) 9328 1200
Relationships Australia Western Australia provides a range of counselling, mediation and educational services, including relationship and family counselling, specialist family violence counselling, post separation services, trauma support services, services for Aboriginal and Torres Strait Islander people and elder relationship services.
Phone: 1300 364 277
Provides assistance in a variety of ways including financial counselling, accommodation and homelessness support and food.
Phone: (08) 9328 8529
Sexual Assault Resource Centre provides a range of free services to people affected by sexual violence.
Phone: (08) 6458 1828
Free call: 1800 199 888
St Vincent de Paul Society can provide assistance in a variety of ways, including direct assistance, emergency housing, homelessness support, food, domestic and family violence.
Phone: (08) 6323 7500
Uniting WA (formally Uniting Care West) provides free and confidential support to all Aboriginal women, who are experiencing or are at risk of family and domestic violence.
Their Indigenous Family Violence Program offers counselling, mediation, advocacy and practical assistance.
Phone: 1300 663 298
Women’s Domestic Violence Helpline provides support and counselling for women experiencing family and domestic violence.
It is a state-wide service and operates 24 hours a day, 7 days a week.
Phone: (08) 9223 1188
Freecall: 1800 007 339
Family Violence Service is available from the Department of Justice’s Court and Tribunal Services Division.
The service provides information and support to family violence victims, who are involved in the court system or wish to make application for a family violence restraining order. Please contact Family Violence Service for further information.
Contact details:
Family Violence Service
Phone: 1800 600 476
Email: FamilyViolenceService@justice.wa.gov.au
Web: Department of Justice Court Counselling and Support Services
The Department of Justice provides the following service:
Aboriginal Mediation Service
The Aboriginal Mediation Service (AMS) assists Aboriginal and Torres Strait Islander people to resolve conflicts before they escalate into violence or result in court action by providing an effective and culturally appropriate dispute resolution service.
Contact details:
Level 23, David Malcolm Justice Centre 28 Barrack Street Perth WA 6000 Telephone: (08) 9264 6176 Freecall: 1800 045 577 Email: aboriginalmediationservice@justice.wa.gov.au
Call 000 now if you, a child or another person is in immediate danger.
Call police on 13 14 44 to report an incident of family or domestic violence.
Dial 0403 227 478 for SMSAssist, a text messaging service for people who are deaf, hard of hearing and speech impaired to contact police for assistance.
For alternative ways to contact Sussex Street Community Law Service, please see our Contact Us page.
For a list of Court numbers, please see the Court locations and Contacts page.
For more resources and national contacts, please call 1800RESPECT (1800 737 732).
For Men's Domestic Violence Helpline, please call (08) 9223 1199 or freecall 1800 000 599.
For Women's Domestic Violence Helpline, please call (08) 9223 1188 or freecall 1800 007 339.
The principles underpin the work that we at Sussex Street Community Law Service do for respondents of family violence restraining orders (FVROs).
They not only help us carry out our duty to you as our client but also our duty to the court.
As we go through our advice to you, we will refer to these principles to ensure that we give you the best possible opportunity to achieve the best possible outcome.
These principles are by large the same principles that will be applied to any decision that is made by the Registrar.
Principles to be observed in performing functions in relation to FVROs
In performing a function under this Act relating to FVROs, a person, court or other body must have regard to the following —
a. the need to ensure that persons at risk of family violence are protected from that violence;
b. the need to prevent behaviour that could reasonably be expected to cause a person to apprehend that they will have family violence committed against them;
c. the particular need to ensure the wellbeing of children by protecting them from family violence, behaviour referred to in paragraph (b) or otherwise being subjected or exposed to family violence;
d. that perpetrators of family violence are solely responsible for that violence and its impact on others and should be held accountable accordingly;
e. that complex emotional factors arising from coercion, control and fear often make it difficult for victims of family violence to report the violence or leave a family relationship in which family violence is being committed;
f. the need to understand the impact of factors such as culture (including Aboriginal and Torres Strait Island culture), language, sexual orientation, gender identity, age, disability and remoteness of location in reporting family violence or leaving a family relationship in which family violence is being committed;
g. that perpetrators of family violence who are children have special needs and that these must be taken into account;
h. the need to identify, to the extent possible, the person or persons in a family relationship most in need of protection from family violence, including in situations where 2 or more family members are committing that violence;
i. the need to recognise that perpetrators of family violence might seek to misuse the protections available under this Act to further their violence, and the need to prevent that misuse;
j. that in order to encourage victims of family violence to report that violence and seek help, proceedings under this Act should be conducted in a way that treats victims with respect and dignity and endeavours to reduce the degree to which victims might be subject to re-traumatisation during those proceedings.
Whilst you can bring children to the court with you, they will not be allowed into the room with your lawyer and the registrar. Neither will they be allowed into the initial meeting that you have with your lawyer, who will be representing you.
Children will have to wait outside in the court waiting area. It is therefore advisable that wherever possible you make arrangements for children to be cared for whilst you are attending your "shuttle conferencing" appointment.
You can bring electronic devices with you, but you will not be allowed to have your mobile phone or electronic devices turned on when inside any courts, in the meeting with the registrar or with your representing lawyer.
As you enter the building, you will have to go through a security screening point much like the screening points at an airport. You may be required to remove your belt and shoes.
The following are examples of family violence.
a. Assault against the family member
b. A sexual assault or other sexually abusive behaviour against the family member
c. Stalking or cyber-stalking the family member
d. Repeated derogatory remarks against the family member
e. Damaging or destroying property or the family member
f. Causing death or injury to an animal that is the property of the family member
g. Unreasonably denying the family member the financial autonomy that the member would otherwise have had
h. Unreasonably withholding financial support needed to meet the reasonable living expenses of the family or a child of the member, at a time when the member is entirely or predominantly dependant of the person for financial support
i. Preventing the family member from making or keeping connections with the member’s family, friends or culture
j. Kidnapping or depriving the liberty of the family member or any other person with whom the member has a family relationship
k. Distributing or publishing, or threatening to distribute or publish intimate personal images of the family member;
l. Causing any family member who is a child to be exposed to behaviour referred to in this section
Case studies and news from our 'shuttle' conferencing service.
Shuttle Conferencing Pilot Program starts off as a Success for many West Australians.
To find out more about how we can assist you, click the button below to see the different ways you can contact us.
This service is funded by the Commonwealth Attorney General's Department.
