Family Violence Cross-Examination Scheme
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 may apply if there is an allegation of family violence between the parties. The ban will be applied automatically in certain circumstances, or the court may use its discretion to impose a ban.
The ban can apply in both property and parenting cases.
The personal cross-examination ban may currently apply in Family Court WA cases where the parties were married. The law has recently changed and the ban may also now apply in cases where parties were in a de facto relationship. The cross-examination ban will begin operating in de facto cases listed for trial commencing from 9 December 2021.
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:
You can also speak to Family Court Services at the Family Court in Perth on the day the notice or order is made.
Commonwealth Department of Attorney-General
- Information Sheet: Family Law Amendment (Family Violence and Cross-examination of Parties) Act 2018
- Information Sheet: Family Violence Allegations in Family Law Proceedings – Personal Cross-Examination Ban
Last reviewed: 18 October 2021