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.
Infosheet: Commonwealth Family Violence and Cross-Examination of Parties Scheme
Last reviewed: 26 June 2023
The Infoline can give information about the law and our services to help with your legal problem.
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.