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Ban on cross-examination if family violence

The Family Law Act 1975 has been amended to protect victims of family violence from being cross examined by self-represented litigants in family law proceedings.

The Family Law Act 1975 has been amended to protect victims of family violence from being cross examined by self-represented litigants in family law proceedings.. From 11 September 2019, direct personal cross examination will not be permitted at an interim or final hearing where there are allegations of family violence,.and:

  • either party has been charged with or convicted of an offence involving violence or the threat of violence to the other party
  • a final family violence order applies to both parties
  • an injunction has been made under the Family Law Act for the personal protection of one part against another, or
  • he court believes the ban should apply.

Under these circumstances the judge will make an order, a copy of which will be sent to VLA. In Victoria, the person who is prohibited from cross examination must then either engage a private lawyer or apply to VLA for a lawyer to be appointed under the Commonwealth Family Violence and cross examination of parties scheme

See Family violence and the cross-examination of parties scheme.

More details and access to the application form available from the VLA website—Commonwealth family violence and cross examination scheme(opens in a new window).

Updated