If there is an allegation of family violence in a family law case the court may tell you that there is a ban on personal cross-examination. This means that cross-examination of the other party must be conducted by a lawyer representing you.
What are my options if there is a ban on me cross-examining a witness?
If you have been told by the court that there is a ban on personal cross-examination you can:
- engage your own lawyer, or
- use this form to apply to the Commonwealth Family Violence and Cross Examination of Parties Scheme (the Scheme) for a lawyer.
If you do not have a lawyer, you cannot cross-examine the other party. You must consider getting a lawyer now.
What will it cost me?
Access to this Scheme is not limited by a means or merit test but you may be asked to contribute to the cost of the legal representation. This will depend on your ability to pay and your circumstances. Conditions apply to legal representation under the Scheme and ongoing representation is not automatic.
Legal representation under the Scheme will be available for the hearing (generally the final hearing) where cross-examination occurs. It includes preparing for that hearing and, where appropriate, for late-stage legally assisted family dispute resolution.
Do I need to agree to do anything?
For you to receive legal representation under the Scheme you must agree to the following conditions:
- follow your lawyer’s advice
- tell your lawyer every thing he or she needs to know about your case
- provide any documents requested by us or your lawyer as soon as possible
- let us know if your address or phone number changes while you are receiving legal representation under the Scheme.
What lawyer can do the cross-examination for me?
We maintain a Register of Legal Practitioners who have the skills and experience to do a cross-examination under this Scheme. These lawyers are:
In the North:
| Hugo Aston | Barclay Churchill Lawyers |
| Julia Higgins | Bishops |
| Geoff Maguire | Bishops |
| Roger Murray | Murray & Associates |
| Sally Hunt | TLA |
| Fran McCracken | Grant Tucker |
| Claire Henderson | Walker Henderson Lawyers |
| Matthew Verney | Barrister |
| Trevor McKenna | Barrister |
| Todd Kovacic | Barrister |
| Nic Edmondson | Barrister |
In the South:
| Melissa Eddington | Ogilvie Jennings |
| Anna Lydon | PWB Lawyers |
| Trevor McKenna | Barrister |
| Mary-Anne Ryan | Barrister |
| Jessie Sawyer | Barrister |
| Michael Trezise | Barrister |
| Casandra Jacobs | Jacobs Family Law |
| Todd Kovacic | Barrister |
| Nic Edmondson | Barrister |
| Matthew Verney | Barrister |
| Scott Royston | Barrister |
| Caroline Graves | Barrister |
| Matthew Strong | Barrister |
| Peter Slipper | Barrister |
In the North-West:
| Claire Henderson | Walker Henderson Lawyers |
| Joseph Peterson | Peterson Legal |
| Matthew Verney | Barrister |
Information for legal practitioners:
I’m a legal practitioner – how do I join the register?
We have established a Register of Legal Practitioners willing to represent parties that come within the scope of the scheme.
To be added to the Register of Legal Practitioners, please refer to the Expression of Interest for further information and complete to be submit to be added.