Donne and Scully

In the matter of *Donne and Scully*, heard before Tree J, the dispute concerned the application of section 102NA(2) of the *Family Law Act 1975* (Cth) to the cross-examination of the parties in family law proceedings. The court was required to determine whether the prohibition on personal cross-examination of a party by the other party, as stipulated by this section, should apply to the proceedings before it.

Tree J reasoned that the provisions of section 102NA(2) of the *Family Law Act 1975* (Cth) were mandatory and intended to protect parties from personal cross-examination in circumstances where family violence orders were in place or where there was a risk of family violence. The court applied this principle by ordering that the requirements of section 102NA(2) would apply to any cross-examination occurring in the proceedings. This meant that neither party could personally cross-examine the other, and any such cross-examination would need to be conducted by a legal practitioner. The court also noted the availability of the Commonwealth Family Violence and Cross-examination of Parties Scheme for parties seeking legal representation for this purpose.

The court made orders that the requirements of section 102NA(2) of the *Family Law Act 1975* (Cth) would apply to any cross-examination in the proceedings, prohibiting personal cross-examination of either party by the other. Additionally, the father's time for filing trial material was extended until 23 September 2019.