A new amendment to the Family Law Act 1975 has been presented to Federal Parliment.

The Bill is designed to prevent cross examining between victims and perpetrators of Family Violence.  What it means is that a victim of family violence can not be cross examined by someone who has perpetrated family violence against them.

The way this is determined is one of the following:

  • a criminal charge or conviction for violence against the other person
  • a family violence order (other than an interim order) protecting one of the parties
  • an injunction from the Family Court regarding violence
  • an order from the Family Court judge requiring that cross examination by the parties to the case not occur because of past family violence.

The proposed amendment is before parliment at the moment and once the process has concluded, subject to any amendments, will be incorporated into the Family Law Act 1975.

There is no guidance regarding who is going to pay for the lawyers to do the cross examination in cases where self-represented litigants don’t have the money to do that.

You can read the bill here https://www.legislation.gov.au/Details/C2018B00131 

 

 

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