Daiber & Najaran

In the matter of MLC 10147 of 2017, Mr Daiber (the applicant) and Ms Najaran (the respondent) were before O'Shannessy J. The dispute concerned an application by the respondent for summary dismissal of the proceedings.

The central legal issue before the court was whether the respondent's application for summary dismissal should be granted. The court was also required to consider the implications of potential family violence allegations under section 102NA of the *Family Law Act 1975* (Cth) and the associated provisions regarding cross-examination of parties and the Commonwealth Family Violence and Cross-Examination of Parties Scheme.

O'Shannessy J dismissed the respondent's application for summary dismissal. The court noted that if allegations of family violence were made and section 102NA of the *Family Law Act 1975* applied, unrepresented parties would be prohibited from personally cross-examining other parties. The court further advised that affected unrepresented parties could apply to the Commonwealth Family Violence and Cross-Examination of Parties Scheme for representation, with applications needing to be lodged at least 12 weeks before a final hearing. The court also highlighted the offence under section 121 of the *Family Law Act 1975* concerning the publication of identifying details in family law proceedings.

The matter was adjourned to a date to be advised for further mention.