Family Violence and Cross-Examination of Parties Scheme

Since 10 September 2019, personal cross-examination has been banned in family law proceedings in certain circumstances where allegations of family violence have been raised. Personal cross-examination is where a party asks questions of another party or witness directly, rather than having questions asked by a lawyer.

Where the ban applies, cross-examination of both parties must be conducted by a lawyer (or barrister). Parties will need to hire a private lawyer or apply to the Legal Services Commission for legal representation under the Commonwealth Family Violence and Cross-Examination of Parties Scheme.

If -

• you are unrepresented, and
• a judge has said that personal cross-examination is banned in your matter, and
• you would like a lawyer to represent you for the cross-examination,
  
  the application form for the scheme is available below.

Commonwealth Family Violence Cross-Examination of Parties Scheme Application Form (PDF, 193 KB)

Applications pursuant to the Scheme are not required to meet the Legal Services Commission’s usual means, merit and guideline tests, although a means tested contribution may be payable.

For more information see the Family Violence & Cross-Examination Scheme Information Sheet or the information set out in the Law Handbook.

If you have any questions or need help filling out the application form, please contact the Family Advocacy and Support Service (FASS) at the Adelaide Registry of the Federal Circuit and Family Court of Australia on (08) 8111 5300.