DELANCY & THEOBALD

In the matter of *Delancy & Theobald*, heard by Judge Altobelli of the Federal Circuit Court of Australia, the dispute concerned an application where an allegation of family violence had been made between the Applicant and the Respondent.

The court was required to determine the application of section 102NA of the *Family Law Act 1975* (Cth) to the proceedings, specifically in relation to the cross-examination of parties. The legal issues revolved around whether the parties could personally cross-examine each other, and if not, how legal representation for cross-examination would be facilitated.

The court reasoned that pursuant to section 102NA(1) of the Act, an allegation of family violence had been made, triggering the provisions of section 102NA(2). This section mandates that neither party may cross-examine the other party personally, and any cross-examination must be conducted by a legal practitioner. The court noted that both parties had been advised of these requirements and the availability of the Commonwealth Family Violence and Cross-Examination of Parties Scheme. Consequently, the court made interim orders requiring the Applicant to apply to Legal Aid NSW for the allocation of a legal practitioner to conduct any cross-examination on their behalf. The matter was adjourned for a final hearing.