Dr Jane Wangmann joined the Law Faculty in February 2010. Jane's work is primarily concerned with legal responses to domestic and family violence. In particular how law defines, understands and conceives of this harm.
Jane's current research work is exploring the impact and effect of self-representation by one or both parties in Family Law proceedings involving allegations of family violence. Jane is undertaking this research project with her colleagues Dr Tracey Booth and Miranda Kaye. The project is funded by Australia's National Research Organisation for Women's Safety (ANROWS) and is due to be completed in 2020.
In her research Jane draws on her extensive work in the field of domestic violence and the law for almost 20 years - previously as a solicitor in a community legal centre, as a senior policy officer in the NSW Attorney General’s Department and in research. She is interested in how domestic violence, and more broadly violence against women, is understood and responded to by the legal system across multiple areas of law.
Jane’s professional experience includes working at the Australian Law Reform Commission on its equality reference (1993-1994) and most recently on its current family violence reference (November 2009 - January 2010), and for the NSW Royal Commission into the Police Service.
In 2014 Jane was appointed as a member of the NSW Domestic Violence Death Review Team (2014 - current).
Can supervise: YES
- Violence against women (particularly domestic violence and sexual assault by an intimate partner)
- Self-represented litigants in family law proceedings involving allegations of family violence
- Gender differences in the perpetration of domestic and family violence
- Typologies of intimate partner violence and their application in Family Law
- Family Law
- Foundations of Law
Booth, T, Stuhmcke, A & Wangmann, J 2020, 'There is plagiarism ... and then there is plagiarism: academic misconduct and admission to legal practice', International Journal of the Legal Profession, pp. 1-26.View/Download from: Publisher's site
© 2020, © 2020 Sydney Institute of Criminology. Whether men and women are equally violent in their intimate relationships has animated considerable debate in the scholarly literature, and increasingly, in policy and law reform processes. This debate about the gendered nature of domestic violence (DV) has re-intensified over the past decade with police data from various countries documenting an increase in women identified as DV offenders. While there has been considerable research exploring the increase in women DV offenders overseas (particularly in the USA) there has been little research in Australia. This article seeks to fill some of these gaps. It reports on a NSW study which explored differences between women and men identified as 'persons of interest' in an incident reported to police in 2010, and then over time (2006–2012) to see whether that person was the predominant victim or offender. This article focuses on cases in which the police intended to take legal action arising from the 2010 incident; this is important, as one would anticipate greater similarity between men's and women's use of violence in cases warranting the attention of the law. The article highlights the limitations of an incident focus when examining a patterned form of behaviour such as DV.
Booth, T, Kaye, M & Wangmann, J 2019, 'Family Violence, Cross-Examination and Self-Represented Parties in the Courtroom: The Differences, Gaps and Deficiencies', The University of New South Wales law journal, vol. 42, no. 3, pp. 1106-1142.
Since the early 2000s, the ability of a self-represented litigant (SRL) alleged to have used domestic and family violence including sexual violence to personally cross-examine the alleged victim of that violence has been steadily restricted or prohibited across the Australian jurisdictions. These statutory limitations recognise the traumatic and negative impact such personal cross-examination can have on the alleged victim. All Australian jurisdictions restrict such personal cross-examination in sexual offence proceedings. Many jurisdictions also impose similar limitations in proceedings for other domestic and family violence related criminal proceedings and civil protection order proceedings. This article reveals a marked unevenness in protection for alleged victims however both across and within jurisdictions. The lack of consistency in approach and lack of uniformity in provisions across the jurisdictions means that not all victims of domestic and family violence are protected, and for those who are, the nature and extent of those protections differ.
Kaye, M, Wangmann, J & Booth, T 2017, 'Preventing personal cross-examination of parties in Family Law proceedings involving family violence', Australian journal of family law, vol. 31, no. 2, pp. 94-117.
Plagiarism has been characterised as a 'major problem' for universities. While tensions between students and universities are inevitable, the problem with the existing system of plagiarism management and prevention is that it operates to problematise the relationship between the university and the student rather than address the core academic issues. As a result, a dichotomy is created where the student interest is constructed as adverse to that of the institution. This article argues that de-dichotomization of the current polarity of plagiarism will open space for alternative thoughtful considerations as to dealing with plagiarism positively in an institutional context.
Wangmann, JM 2016, 'Different types of intimate partner violence - What do Family Law decisions reveal?', Australian Journal of Family Law, vol. 30, no. 2, pp. 77-111.
In recent years the Australian family law system has started to refer to, and use, a growing body of sociological research which argues that intimate partner violence (IPV) is not homogenous, rather it is heterogeneous with key differences in terms of the pattern of violence, the presence of control, and the impact and consequences for the victim. Australia is not the only jurisdiction receptive to this work; interest is also seen in the USA and Canada. Since 2011 the Australian Family Law Courts have specifically referred to this work on typologies in the Family Violence: Best Practice Principles. This article explores the use of typologies by some judicial officers and other professionals working in the family law system. It does so through an analysis of 48 parenting decisions. It examines who perpetrated that violence, the nature of the violence alleged, which legal professional categorised the violence, and the parenting orders that were sought and made in the case. Questions are raised about what the use of typologies adds, if anything, to understandings of IPV in parenting decisions. The article raises a number of concerns about the formal recognition of differentiation within the family law arena (particularly at this point in time).
Wangmann, JM 2016, 'Has he been violent before? Domestic Violence Disclosure Schemes', Alternative Law Journal, vol. 41, no. 4, pp. 230-234.
Wangmann, JM 2013, 'Book review: "A Troubled Marriage"', Australian Domestic & Family Violence Clearinghouse Newsletter, vol. 54, pp. 13-14.
Book review of 'A Trobled Marriage' by Leigh Goodmark (New York University Press, 2012)
Wangmann, JM 2012, 'Incidents v Context: How Does the NSW Protection Order System Understand Intimate Partner Violence?', Sydney Law Review, vol. 34, no. 4, pp. 695-719.
Civil protection order schemes were introduced in many western countries from the 1970s; in Australia from the 1980s. One of the key drivers for this development was the extensive feminist criticism of the criminal law which revealed that it failed to respond adequately to the particular harm of intimate partner violence (âIPVâ). The nature of IPV as a gendered, repetitive and patterned harm, motivated by control, found a poor fit with the criminal lawâs focus on discrete incidents and its traditional emphasis on visible forms of violence. This article explores whether the New South Wales (NSW) civil protection order system (Apprehended Domestic Violence Orders or âADVOsâ), despite a range of progressive elements, continues to mirror the criminal lawâs narrow understanding of IPV. It does so through a case study on cross-applications in NSW ADVO proceedings. This study reveals that the progressive promise of the ADVO system to look beyond the lens of the criminal law is militated by a range of factors such as: the limited nature of the complaint narrative; the continuing focus in practice on incidents of violence; and the constraints of the court environment.
Wangmann, JM 2011, 'DownUnderAllOver: Developments Around the Country - NSW: Changes to victims' compensation', The Alternative Law Journal, vol. 36, no. 1, pp. 64-65.
Wangmann, JM 2010, 'Gender and Intimate Partner Violence: A Case Study from NSW', The University of New South Wales Law Journal, vol. 33, no. 3, pp. 945-969.
The issue of gender and its importance in understanding intimate partner violence (IPV) through an examination of the differences in men's and women's complaints for civil protection orders in New South Wales (NSW) are discussed. The key findings from the study are highlighted.
Wangmann, JM 2008, 'Book Review: 'Coercive Control: How Men Entrap Women in Personal Life' by Evan Stark', Australian Domestic and Family Violence Clearinghouse Newsletter, vol. 31, no. February, pp. 17-17.
Wangmann, JM 2008, 'Different types of intimate partner violence? A comment on the Australian Institute of Family Studies report examining allegations of famly violence in child proceedings under the Family Law Act', Australian Journal of Family Law, vol. 22, pp. 123-151.
In June 2007 the Australian Institute of Family Studies published a study that examined allegations of family violence and child abuse in child proceedings under the Family Law Act. The study examined a large number of court files from two registries of the Family Court of Australia and the Federal Magistrates Court. It looked at the nature of the allegations, who made them, whether the allegations were supported by evidence, and the response by the other party to these allegations.Many of its findings are in accord with other studies which have also demonstrated that violence is prominent in family law proceedings and that outcomes rarely reflect whether there are allegations of violence or not. Importantly the study reported on the lack of detail and evidence to support many allegations and the difficulty that this creates for the court in determining final orders (or in providing a framework for negotiations). However, rather than suggesting that we need to look at the ways that violence can be better reported and responded to in family law proceedings, the authors instead suggest that we need to differentiate between different kinds of intimate partner violence. This finding does not flow from the data. This article explores the AIFS study by focusing on concerns around differentiation between different kinds of domestic violence, and its connection to debates about definitions and understandings of intimate partner violence.
Wangmann, JM 2004, 'Liability for Institutional Child Sexual Assault: Where does Lepore Leave Australia?', Melbourne University Law Review, vol. 28, no. 1, pp. 169-202.
Wangmann, J 2020, 'Coercive Control as the Context for Intimate Partner Violence: The Challenge for the Legal System' in McMahon, M & McGorrery, P (eds), Criminalising Coercive Control Family Violence and the Criminal Law, Springer, Springer Singapore, pp. 219-242.View/Download from: Publisher's site
The last 30 years have seen considerable change in the legal landscape to
better address the harm of intimate partner violence (IPV), including the introduction of stalking and intimidation offences, as well as civil protection orders, yet many gaps and issues remain. The creation of an offence that seeks to capture the harm of coercive control is presented as one way in which to fill some of the gaps between the experience of IPV and the way the criminal law has traditionally conceived of this harm. In this chapter, I raise questions about whether such an offence will achieve its aims if attention is not also paid to the practice and implementation of current (and new) laws. In particular, I discuss the dominance of the incident framework not only in terms of criminal law responses, but also in terms of those responses designed to better address the pattern of IPV, namely, civil protection orders. A key concern of this chapter is the conceptual gap that emerges between the intentions of law reform and the practice or implementation of that law In so doing, I draw on recent cautions voiced by Julia Tolmie (2018a) and Sandra Walklate and colleagues (2018). I argue that an understanding of coercive control is necessary for all legal engagements that seek to address the harm of IPV, and that if attention was centred on whether there should be a discrete offence it may distract from the need to simultaneously do more work to ensure that a deeper understanding of coercive control informs all areas of legal practice.
Stubbs, J & Wangmann, JM 2017, 'Australian Perspectives on Domestic Violence' in Buzawa, E & Buzawa, C (eds), Global Responses to Domestic Violence, Springer, Switzerland, pp. 167-188.
This chapter provides an overview of the historical and contemporary responses to domestic violence in Australia. The idea that domestic violence is a private matter largely prevailed until the 1970s, when feminist activism and governmental inquiries emphasised that it is a social problem mostly affecting women. Contemporary policy responses in Australia draw on a gendered analysis of domestic violence although some groups challenge that approach. The terms domestic and family violence are often used interchangeably in Australia, in part because many Indigenous communities prefer family violence as it encompasses Aboriginal kinship. The term family violence does not necessarily signal a gender-neutral approach. Legal responses to domestic violence include civil protection orders which were introduced in Australian States and Territories from the 1980s. Police have a central role in civil protection order systems which marks out Australian approaches as distinctive. The chapter examines the available evidence concerning the prevalence of domestic violence in Australia, and legal responses to domestic violence. It also discusses the experiences of marginalised women, particularly Indigenous women whose experience of family violence is mediated by the ongoing effects of colonisation and discrimination. The chapter looks beyond the traditional legal focus of civil and criminal law and includes information about other measures to respond to domestic violence, such as emergency accommodation, perpetrator programs and recently introduced multidisciplinary groups tasked with responding to high risk victims. It concludes by identifying areas that require greater attention in Australia.
Stubbs, J & Wangmann, JM 2015, 'Competing Conceptions of Victims of Domestic Violence within Legal Processes' in Wilson, D & Ross, S (eds), Crime, Victims and Policy: International Contexts, Local Experiences, Palgrave Macmillan, UK, pp. 107-132.
Wangmann, JM 2014, 'Gender, Intimate Partner Violence, and the Growing Recognition of Differences: A Useful Tool for Law?' in Sagade, J, Jivan, V & Forster, C (eds), Feminism in the Subcontinent and Beyond, Eastern Book Company, Lucknow, pp. 77-107.
Booth, T, Wangmann, J & Kaye, M 2019, ''Stop that crying right now': exploring the experiences of self-represented victims of domestic violence in Australian family law courtrooms.', 3rd European Conference on Domestic Violence, Oslo, Norway.
Wangmann, J & Kaye, M 2017, 'Navigating the planets: how women experience cross-examination in different legal settings', Feminists at las: revisiting identify symposium, Janes Information Group Ltd, Sydney.
Wangmann, JM 2016, 'Exploring gender differences in persons identified as domestic violence offenders in NSW, Australia', Law Society of Audstralia and New Zealand Annual Conference, 'Disruption, Temporality, Law: The Future of Law and Society Scholarship', Brisbane, Queensland, Australia.
Wangmann, JM 2012, 'Family Law and Different Types of Intimate Partner Violence: Some Comments from Australia', Socio-Legal Studies Annual Conference, York, UK.
Wangmann, JM 2013, 'From Theory to Practice: Typologies and the Family Law System in Australia', Typologies of Intimate Partner Violence: Theory and Practice, Brisbane, Queensladn, Australia.
Wangmann, JM 2012, 'Different types of intimate partner violence and family law: What do the lawyers say?', Family Transitions and Trajectories: 12th Australian Institute of Family Studies Conference, Melbourne.
There has been increasing discussion across different disciplines that there are different types of intimate partner violence (IPV) and that this is important for determining appropriate interventions. Work has focused on different types of male perpetrators, different types of female perpetrators and different types of IPV generally. For example, Michael Johnson (with colleagues), arguably one of the most notable scholars in this field, has, over time posited five types of IPV (coercive controlling violence, violent resistance, mutual violent control, situational couple violence and separation-instigated violence). There has been growing interest in using typologies in the legal arena, particularly in family law decision-making across a number of jurisdictions (eg in Canada, the USA and Australia). Most significantly in 2011, the Family Court of Australia and the Federal Magistrates Court of Australia made specific reference to this work on differentiation in its Family Violence Best Practice Principles document. A small number of judicial officers have also been referring to the literature on differentiation in their judgments. This paper engages with this growing interest. It presents findings from a recent exploratory study with a small number of NSW accredited family law specialist solicitors about their understanding of the different types of intimate partner violence, whether they have experience with those categories, what benefits and risks they identify (if any), and whether they would use it in their work.
Wangmann, JM 2012, 'Gender, Intimate Partner Violence, and the Growing Recognition of Differences: A Useful Tool for the Law? Some Questions from Australia', International Conference on Feminism and the Law: Revisiting the Past, Rethinking the Present and Thinking the Way Forward, Pune, India.
Whether intimate heterosexual partner violence (IPV) is gendered in its perpetration remains one of the most hotly contested issues in the field. There has been a long and often acrimonious debate within the sociological literature that can loosely be characterised as a debate between family violence researchers (who see IPV as largely symmetrical in it perpetration) and feminist or violence against women researchers (who see IPV as asymmetrical in its perpetration, with women the predominant victims and men the predominant perpetrators). More recently, there has been growing recognition that these two groups of researchers are studying completely different populations and that IPV is not a homogenous category â that there are key differences to be found in terms of gender, motivation and impact. Michael Johnson, arguably the most notable researcher in this area, has identified five types of IPV differentiated on the basis of the presence or absence of control: coercive controlling violence, violent resistance, situational couple violence, separation-instigated violence and mutual violent control. This paper engages with this growing recognition of differences in IPV â and in particular the growing interest from family law (in Canada, the USA and Australia) to use this work on typologies. In this paper I explore the benefits that might be gained from differentiation, the way that this might assist in clarity in definition and the recognition of gender â at the same time express concern about the nature of the proposed typologies, in particular the way such typologies might be used in family law decision making; whether it is a useful tool or whether there are issues about the capacity of the legal system and legal professionals to take account of more nuanced understandings of IPV.
Wangmann, JM 2012, 'Understanding typologies of intimate family violence: does this help family lawyers in practice?', Legal Aid NSW Family Law Conference, Sydney.
Over the last 15 years there has been a growing body of sociological research that argues that intimate partner violence is not homogenous - rather it is heterogeneous with differences in terms of gender, motivation, duration, impact and seriousness. Work has focused on different types of male perpetrators, different types of female perpetrators and different types of IPV generally. For example, Michael Johnson (with colleagues), arguably one of the most notable scholars in this field, has, over time posited five types of IPV (coercive controlling violence, violent resistance, mutual violent control, situational couple violence and separation-instigated violence). There has been growing interest in using typologies in the legal arena, particularly in family law decision-making across a number of jurisdictions (eg in Canada, the USA and Australia). Most significantly in 2011, the Family Court of Australia and the Federal Magistrates Court of Australia made specific reference to this work on differentiation in its Family Violence Best Practice Principles document. A small number of judicial officers have also been referring to the literature on differentiation in their judgments since 2008. This paper presents findings from a recent exploratory study with a small number of NSW accredited family law specialist solicitors about their understanding of this work on typologies and its relevance to family law.
Graycar, R & Wangmann, JM 2010, ''A feminist adjudication process: Is there such a thing?Lessons from a Canadian redress program', AIJA Conference,Non -Adversarial Justice:Implications for the legal System and Society Conference, Melbourne.
Wangmann, JM 2010, ''She said...' 'He said...' : Cross Applications in Domestic Violence Protection Order Proceedings', Domestic Violence Court Assistance Network (DVCAN) Conference, Brisbane.
Graycar, R & Wangmann, JM 2008, 'A feminist adjudication process: Is there such a thing? Lessons from Grandview', Law and Society Association and the Canadian Law and Society Association, Placing Law, Montreal.
Wangmann, JM 2008, ''She said...' ' He said....':Cross applications in domestic violence protection order proceedings in NSW', Annual Law & Society Association & Canadian Law and Society Association Joint Meetings,Placing Law, Montreal.
Wangmann, JM 2007, ''Canada Steps Forward:Reparations for the Removal of Indigenous Children from their Families and Culture'.', National Community Legal Centres Conference, Brisbane.
Wangmann, JM 2007, ''Integration: What does it mean? And more importantly what does it mean for victims of domestic violence?'.', Integrated Responses to Domestic Violence Forum, NSW Parliament House,Sydney.
Wangmann, JM 2006, ''It's not new, but it's SMART: Recent work in the Sutherland Shire'.', WDVCAP Annual Conference,Creating a Seamless Justice System, Sydney.
Wangmann, JM 2005, ''She said...' 'He said...' : Cross applications in domestic violence protection order proceedings'.', 4th Australasian Women and Policing Conference, Darwin.
Wangmann, JM 2005, ''Where the buck stops:The Australian High Court's approach to vicarious liability and institutional child sexual assault'', Law's Empire Conference,Annual Law and Society Conference., Harrison Hot Springs, British Columbia, Canada.
Wangmann, JM Australian Domestic & Family Violence Clearinghouse 2011, Different Types of Intimate Partner Violence - An Exploration of the Literature, pp. 1-25, Sydney.
The last 15 years has seen a growing body of research emphasising that not all intimate partner violence (IPV) is the same. There are key differences in terms of the presence of control, gender perpetration, severity and impact. Work on differentiation is diverse. It includes research exploring different types of IPV, as well as different types of male and female perpetrators of IPV.
Wangmann, JM Violence Against Women Specialist Unit, NSW Attorney General's Department 2003, The Tamworth Domestic Violence Project: An Evaluation of a different model of service provision to victims of domestic violence in a police setting, pp. 14-53, Australia.
he proposed merger of the Family Court and Federal Circuit Court is intended to address delays and inefficiencies in the system. Experts question, however, how effective the reforms will be.
Kaye, M, Booth, T & Wangmann, J 2018, 'Submission on Federal Circuit and Family Court of Australia Bill 2018, Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2018'.
Graycar, R & Wangmann, JM 2007, 'Redress Packages for Institutional Child Abuse: Exploring the Grandview Agreement as a Case Study in 'Alternative' Dispute Resolution'.