Family violence & cross-examination scheme

From 10 September 2019, personal cross-examination can be banned by a court in Family Law proceedings where allegations of family violence have been made and certain criteria met. Personal cross-examination is where a party asks questions of another party or witness directly, rather than having questions asked by a lawyer.

The ban exists because personal cross examination by an alleged perpetrator can re-traumatise victims. Where the ban applies, cross examination of both parties must be done by a lawyer.

Parties will need to engage a private lawyer or apply to us for legal representation under the Commonwealth Family Violence and Cross Examination of Parties Scheme. Funding is available for this representation under the Scheme. See the attached information sheet for more information.