Fielder and Fielder and Anor

In the matter of Fielder and Fielder and Anor, heard before Judge Young, the dispute concerned family violence allegations and the implications for cross-examination in Family Law proceedings. The court was required to consider the application of section 102NA of the *Family Law Act 1975* and the associated Commonwealth Family Violence and Cross-Examination of Parties Scheme.

The court's reasoning centred on ensuring procedural fairness and protection for parties involved in family violence proceedings. Specifically, the court noted that where section 102NA applies, an unrepresented party will not be permitted to personally cross-examine another party. The court also highlighted that affected unrepresented parties have the option to apply for representation through the Commonwealth Family Violence and Cross-Examination of Parties Scheme, provided such an application is made at least 12 weeks prior to the final hearing. Furthermore, the court stipulated that if a party becomes unrepresented after trial directions have been made, they are obligated to promptly inform the Court.

The court made several orders regarding the relisting of the trial, vacating the previously scheduled dates of 11 and 12 September 2019 and rescheduling the trial for 23 and 24 April 2020. Existing orders concerning the filing of trial material were to remain in place. The application for costs was adjourned to 23 April 2020.