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Castle Law Question Remains

Castle law

In short: 

Castle Law remains a point of debate ahead of Victoria’s 28 November state election, with the Libertarians and One Nation supporting stronger legal protections for homeowners. ] changes to existing self-defence laws.

Moira Family First

Conversation Remains Relevant

With crime and community safety among the major issues shaping Victoria’s November state election, renewed attention is turning to whether homeowners should have greater legal protection when confronting intruders.

At the centre of the debate is Castle Law, a legal principle that provides additional protections for people using force to defend themselves or their families inside their homes.

Victorian Libertarian MP David Limbrick is among its most prominent advocates, pledging to introduce Castle Law legislation within the first 100 days of the next Parliament if re-elected.

His proposal draws on the United Kingdom’s approach, which allows householders greater latitude when defending themselves against intruders, provided their actions are not grossly disproportionate.

Versions of the Castle Doctrine also operate across numerous American states, including Florida and Texas, where laws provide protections for residents using force, including deadly force in certain circumstances, against unlawful intruders.

Victoria currently permits people to use force in self-defence when they believe it is necessary and their response is reasonable in the circumstances. However, the law does not provide the same specific protections for householders found in the UK framework.

David Limbrick

(Libertarian MP David Limbrick.)

Political Parties Divided

In August 2025, Limbrick unsuccessfully moved for the Victorian Law Reform Commission to review the state’s self-defence laws, with the proposal defeated 18 votes to 17.

The review received support from Coalition MPs and several crossbenchers, including Legalise Cannabis representatives, while Labor, the Greens and Animal Justice opposed it.

A subsequent petition calling for stronger protections attracted 20,554 signatures.

One Nation has also committed to introducing UK-style protections for homeowners as part of its 2026 election platform.

However, the Liberal Party’s position differs, with Opposition Leader Jess Wilson rejecting the Castle Law proposal despite Coalition MPs previously supporting a review.

Supporters argue the changes would provide greater legal certainty for residents confronting intruders, while opponents maintain existing self-defence laws already provide protection and raise concerns about escalating violence.

Introducing Castle Law would require amendments to Victoria’s Crimes Act 1958, with legislation needing approval from both houses of the Victorian Parliament.

The issue remains unresolved ahead of the 28 November election.

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