Commonwealth Family Violence and Cross-Examination of Parties Scheme

Legal Aid WA has been given specific funding from the Australian Government to provide a lawyer to a party when personal cross-examination is banned in family law proceedings in the Family Court of WA.

Personal cross-examination may be banned in proceedings where allegations of family violence have been raised. If personal cross-examination is banned, cross-examination of both parties to a case must be undertaken by a lawyer. If they are not represented by a lawyer, each party will need to arrange to be represented by a private lawyer or apply for legal representation under the Scheme. 

Quick Answers video: Personal cross-examination ban
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This information explains how you can apply for the Scheme and how it operates. 

Can I apply for a lawyer under the Scheme? 

You can apply for a lawyer under the Scheme if the Family Court of WA has made a notice or order banning personal cross-examination in your case. The ban applies automatically in certain circumstances, or the court may decide to impose the ban.

The ban can apply in both property and parenting cases.

How can I make an application for a lawyer under the Scheme? 

If a personal cross-examination ban notice or order is made by the Family Court of WA in your case, you can make an application for a lawyer under the Scheme by:

  • calling the Legal Aid WA Infoline on 1300 650 579 and saying you want to make an application under the Commonwealth Family Violence and Cross-Examination of Parties Scheme, or
  • visiting a Legal Aid WA office and asking for legal help under the Scheme, or
  • visiting Legal Aid WA's Family Court Services on Level 1 of the Family Court Building in Perth and asking for legal assistance under the Scheme, or
  • speaking to a Family Advocacy and Support Service (FASS) duty lawyer when the Family Court is sitting in regional locations in WA.

Resources

Infosheet: Commonwealth Family Violence and Cross-Examination of Parties Scheme

More information

Commonwealth Department of Attorney-General

 

Last reviewed: 24 November 2022

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Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.