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.
At this stage, the personal cross-examination ban only applies in Family Court WA cases where the parties were married. The ban can apply in both property and parenting cases.
At this stage the ban does not apply to proceedings under the Family Court Act where parties were in a de facto relationship. It is expected the law will change in the future and apply to both to married and de facto parties.
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.