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Get a lawyer for hearings with cross-examination in the Federal Circuit and Family Court

Information about what to do if the Federal Circuit and Family Court says you cannot cross-examine someone in a hearing.

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This information can help you if:

  • the Federal Circuit and Family Court of Australia has made a decision (an order) that you cannot cross-examine someone in a hearing
  • you do not have a lawyer.

What is cross-examination?

Cross-examination means asking someone questions while they give evidence in a court hearing. Giving evidence means someone tells the court about what happened or what they know. This usually happens in a final hearing (trial).

Why do I need a lawyer for cross-examination?

The court can make an order that you must not cross-examine someone in a hearing. The court can do this if it thinks there may have been family violence. This is to avoid further trauma and keep everyone safe.

The court can make this order for:

  • final hearings
  • certain interim defended hearings that involve cross-examination.

This can include hearings about parenting, property, child support or any other family issue.

If the court makes this order, you will get a copy. The order will usually say that section 102NA(2) of the Family Law Act 1975 applies. It may also note that:

  • you must not cross-examine the other person yourself
  • only a lawyer who represents you can cross-examine for you
  • you can apply for a lawyer through a scheme run by Victoria Legal Aid (Commonwealth Family Violence and Cross-Examination Scheme)
  • the court will send a copy of this order to Victoria Legal Aid.

How can I get a lawyer for cross-examination?

You can hire a private lawyer and pay them for their services. For more information about how to find a lawyer, visit the Law Institute of Victoria’s Find Your Lawyer Referral Service.

If you do not have a lawyer, you can ask Victoria Legal Aid to get a lawyer for you under the scheme. This may be a lawyer who works at Victoria Legal Aid or a private lawyer who does legally aided family law work. This is a free legal service, even if you are not eligible for any other legal help from us.

To apply for a lawyer under the scheme:

  1. Complete the application form as soon as possible after the court makes the order:
Commonwealth Family Violence and Cross-examination of Parties Scheme application form
Word 194.85 KB
(opens in a new window)
  1. Email your completed form to crossxnscheme@vla.vic.gov.au or post it to:

Grants and Quality Assurance
Victoria Legal Aid
GPO Box 4380
Melbourne VIC 3001

If you need help to apply:

What can the lawyer help with?

If you get a lawyer under this scheme, they can only help you with hearings that involve cross-examination.

This includes:

  • helping you prepare for the final hearing
  • representing you at the entire final hearing, including cross-examining the other person for you.

Depending on the circumstances of your court case, the lawyer may also represent you in family dispute resolution (a type of mediation) under this scheme.

The lawyer will not automatically help you with other parts of your case. If you need more help from a lawyer, read about Other legal help that is available.

What happens next?

When we get your application, we will:

  • check that the court made an order that you cannot cross-examine someone in a hearing
  • write to let you know whether we approve your application.

If we approve your application, we will:

  • get a lawyer for you at least 12 weeks before your final hearing (where possible)
  • write to let you know who your lawyer is and how to contact them
  • tell the court who your lawyer is under the scheme.

If you need legal help for something other than cross-examination, you can:

  • contact Family Advocacy and Support Services on (03) 8610 9803 or visit our service desk at the court in Melbourne or Dandenong
  • call our Legal Help phone line on 1300 792 387 (8 am to 6 pm, Monday to Friday, not including public holidays)
  • apply for a grant to pay for a lawyer to help run your case. For more information, visit Paying for a lawyer.
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