Agombar & Ermans

In the matter of MLC 2591 of 2020, Mr Agombar (the Applicant) and Ms Ermans (the Respondent) appeared before Judge O'Shannessy. The dispute concerned family law proceedings, and the court was required to make orders regarding the upcoming final hearing and the Applicant's legal representation.

The primary legal issue before the court was how to accommodate the Applicant's desire for representation under the Commonwealth Family Violence and Cross Examination of Parties Scheme, while simultaneously ensuring the final hearing, scheduled to commence on 30 November 2020, was not prejudiced. This presented a conflict between the Applicant's need for funding and the court's need to manage its list.

Judge O'Shannessy determined that the requirements of section 102NA(1)(c)(iv) of the *Family Law Act 1975* (Cth) were satisfied, exercising discretion to apply section 102NA(2) of the Act. This provision prohibits parties from cross-examining each other personally. Consequently, the court requested Victoria Legal Aid to provide assistance to the Applicant under the cross-examination scheme, thereby facilitating his legal representation at the final hearing. The proceedings were adjourned for a final hearing on 2 June 2021. The court also noted that Victoria Legal Aid had since advised that the Applicant had been appointed representation under the scheme.