BEADLE & DANKS

This matter concerned parenting orders in the Family Court of Australia, where the father, an unrepresented party, sought to cross-examine the mother. The Independent Children’s Lawyer made an oral application for the application of section 102NA of the *Family Law Act 1975* (Cth), which mandates protection for parties in certain cases involving allegations of family violence.

The central legal issue before the court was whether section 102NA of the *Family Law Act 1975* applied to the proceedings, thereby prohibiting the unrepresented father from personally cross-examining the mother due to allegations of family violence. The court was required to determine if the conditions for the application of this protective measure were met.

Judge Young was satisfied that section 102NA(1)(c)(iii) applied, finding that the father was not permitted to cross-examine the mother personally. The father was informed of this prohibition and directed to the Duty Lawyer for the Legal Service Commission of SA. The court also granted leave for parties and their legal representatives to inspect and copy material produced by South Australia Police, subject to strict conditions regarding confidentiality and destruction of copies at the conclusion of the matter. The trial dates were vacated and relisted. The court noted that where allegations of family violence trigger section 102NA, unrepresented parties will not be permitted to personally cross-examine the other party, and advised on the process for applying to the Commonwealth Family Violence and Cross-Examination of Parties Scheme.