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.