Attwood Marshall Lawyers Family Law Associate Breanna Farrell examines how domestic violence perpetrators are using digital tools to control and intimidate their victims, and how recent legal reforms now require these tactics to be considered in property settlements.
Perpetrators of domestic and family violence are weaponising everyday technology like banking apps, smart home devices and even the family car, exploiting their functions for surveillance, intimidation and financial manipulation.
Individuals separating from an abusive partner should know how these tactics affect their legal rights and financial entitlements.
Recent amendments to the Family Law Act require courts to consider the economic impact of all forms of family violence when determining property settlements – including financial and technology-facilitated abuse.
An experienced family lawyer can help victims present compelling evidence about how surveillance and financial manipulation affected their position – and argue for property outcomes that reflect the harm they experienced.
How perpetrators exploit technology to control and intimidate
Financial abuse is a non-physical form of domestic family violence that can be hidden within relationships, with most victims themselves unaware that it is happening. It may begin subtly, progressing over time to the point where an individual either controls a victim’s access to income or finances, or sabotages their ability to make money in the first place.
Many victims don’t realise the extent of the control they are under until they have separated from their partner.
Usually, the perpetrator and victim are in an intimate relationship. However, older people or people with disabilities are also vulnerable to experiencing financial abuse.
Technology-facilitated abuse is also non-physical and can take many forms. Indeed, recent media reports have revealed some of the particularly insidious methods perpetrators are employing to maintain control over their victims.
There has been, for example, a dramatic increase in individuals using the descriptions of bank transactions (typically small amounts less than $1) to send threatening messages to individuals whom they are barred from contacting over the phone or through social media accounts.
CommBank reported that over three months in 2019, over 8,000 abusive messages were sent in this way. The bank now blocks over one million abusive transactions each year using AI detection systems.
Perpetrators are also hacking into social media and email accounts and using the information gleaned from private conversations to gaslight and intimidate their partners.
Smart home technology has opened another avenue for control, with abusers able to remotely access security cameras, thermostats, door locks, and even pet feeders, manipulating their victims and playing on their fears of being watched even when alone.
Some modern cars have functions that allow perpetrators to track locations in real time. Doors and engines can be remotely controlled, and GPS boundaries can be set that trigger alerts when the vehicle leaves a particular area. What should be a means of independence can now become another tool of surveillance and control.
We believe it is essential to keep raising awareness about these forms of domestic and family violence and encouraging discussions so that people can identify the warning signs and know where to turn for help.
The economic impact of technology-facilitated abuse
While the psychological toll of surveillance and control is immense, so too are the financial consequences.
Financial and economic abuse is estimated to cost the Australian economy almost $11 billion annually and affects more than 2.4 million Australians.
The economic toll compounds over time. These same surveillance tools can be used to sabotage employment prospects, systematically destroying an individual’s capacity to build their confidence and earn money for themselves.
ABC News recently exposed cases in which perpetrators created financial liabilities in their partner’s name, setting up fake business registrations, lodging fraudulent GST schemes, or making unauthorised superannuation withdrawals to land their partner in massive debt.
One individual found out that her ex-partner had registered them as a company director, leaving her on the hook for tens of thousands of dollars in tax, which she only discovered when the Australian Taxation Office came knocking.
Support and legal options for those affected
It’s heartening to see the banking sector stepping up its efforts in this space, with banks changing their terms and conditions to give them the power to block abusers from using their services. Some institutions have launched support programs, such as CommBank’s Next Chapter service, which provides free confidential support to anyone experiencing financial abuse.
The government is also consulting on reforms to prevent fraudulent director appointments.
Individuals wanting to seek help but who feel they don’t have the funds required to split from their abusive partner should know that they may be entitled to urgent spousal maintenance. And services like JustFund can provide financial assistance for legal representation to those who are unable to legal pay fees upfront when navigating separation, divorce, and property settlements or parenting matters.
The most significant change affecting our practice is the recent amendments to the Family Law Act that require courts to consider the economic impact of family violence when determining property settlements – including technology-facilitated abuse.
Previously, individuals had to first demonstrate to the court that the abuse was relevant.
Coercive control through smart devices, financial fraud via digital platforms, employment sabotage through surveillance, and fraudulent debts must all now be assessed when calculating contributions and determining what division is just and equitable.
The court must also consider ongoing costs such as counselling and credit repair, as well as long-term impacts on earning capacity.
This legislative change acknowledges what family lawyers have long understood: that technology-facilitated abuse creates economic harm that persists long after the relationship ends, and perpetrators should not be able to escape accountability for that harm.
The intersection of technology-facilitated abuse and property settlements is a rapidly developing area of law, and specialist knowledge is essential.
Evidence might include screenshots of abusive transaction messages, records of when an individual has accessed accounts without authorisation, vehicle tracking data, proof of fraudulent directorships, and expert testimony about the psychological and economic impact of surveillance and control on trapped individuals.
Family lawyers who understand these emerging forms of abuse know which evidence courts find the most compelling. They can also present the economic harm in ways judges recognise and value, effectively arguing for property adjustments that reflect the actual impact of the perpetrator’s conduct.
Attwood Marshall Lawyers – supporting families through complex family law matters
Attwood Marshall Lawyers’ family law team has experience supporting clients who have experienced all forms of domestic and family violence, including newer technology-enabled tactics.
For confidential advice about domestic violence, financial abuse, or property settlements in family law matters, contact our Family Law Department Manager Donna Tolley on 07 5506 8241, email dtolley@attwoodmarshall.com.au, or call the 24/7 hotline on 1800 621 071.
If you or someone you know is experiencing domestic and family violence, help and support are available:
- If you are in immediate danger, please call 000. The police can immediately attend to you and issue paperwork on the spot to protect you from the perpetrator, including issuing a temporary protection order if necessary.
- 1800RESPECT (1800 737 732): confidential information, counselling, and support service
- DV Connect (1800 811 811): state-wide hotline offering free professional assistance
- Men’s Referral Service (1300 766 491): support for men concerned about their behaviour
- Lifeline (13 11 14): 24-hour crisis support
