Firmin and Curtin (No 3)

This matter concerned parenting orders before Justice Bennett of the Federal Circuit Court of Australia. The proceedings involved a mother and a father, and the court was required to consider the implications of section 102NA(2) of the *Family Law Act 1975* on the conduct of the trial, specifically concerning the cross-examination of parties.

The primary legal issue before the court was how to manage the upcoming trial in light of the statutory prohibition on self-representation for cross-examination purposes. The court had to determine whether the trial should proceed as scheduled, and if so, under what conditions, particularly if the mother was unable to secure legal representation to conduct cross-examination on her behalf. The court also considered the availability and application of the Commonwealth Family Violence and Cross-Examination of Parties Scheme.

Justice Bennett noted that section 102NA(2) of the *Family Law Act 1975* mandates that neither party may cross-examine the other personally, and such cross-examination must be conducted by a legal practitioner. The court advised the parties of this requirement and the availability of the Commonwealth Family Violence and Cross-Examination of Parties Scheme. The court ordered that if the mother applied to Victoria Legal Aid for assistance under the scheme by a specified date and was still unrepresented by a later date, the trial scheduled for 28 October 2019 would be vacated. If the mother failed to apply to the scheme by the specified time, the trial would proceed, but she would not be permitted to cross-examine the father, though she would be cross-examined by his counsel. The matter was tentatively relisted for a final hearing commencing on 2 March 2020. The court also requested the Secretary of the Department of Human Services of the State of Victoria to intervene in the proceedings and directed that its reasons for decision be transcribed and provided to the parties and the Department.