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.
This information explains when and how you can apply for the Scheme and how it operates.
When 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 court case.
In addition, your court case must have been:
- given a trial date, or
- placed in a Callover to be given a trial date, or
- placed in a list of cases waiting to go into a Callover.
How can I make an application for a lawyer under the Scheme?
To apply for a lawyer under the Scheme, you need to complete a Legal Aid Application form and clearly state on the form that you are applying for assistance under the Scheme.
You can get the application form by:
- calling the Legal Aid WA Infoline on 1300 650 579
- visiting a Legal Aid WA office
- speaking to Family Court Services on Level 1 of the Family Court of WA building in Perth, or
- speaking to a Family Advocacy and Support Service (FASS) duty lawyer when the Family Court is sitting in regional locations in WA.
Useful documents
Infosheet: Commonwealth Family Violence and Cross-Examination of Parties Scheme
Last reviewed: 26 June 2023
