FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Morcos & Lindon [2023] FedCFamC1F 1010
File number(s): MLC 209 of 2020 Judgment of: BENNETT J Date of judgment: 20 November 2023 Catchwords: FAMILY LAW – PROPERTY SETTLEMENT – Domestic Violence – where husband appears in person – where s102NA(2) applies – where husband is warned that he will not be able to cross-examine wife without representation – where husband does not want to retain solicitors – where an order for specific questions is made Legislation: Family Law Amendment (Family Violence and Cross-examination of Parties) Act 2018 (Cth)
Federal Circuit and Family Law Rules 2021 (Cth)
Division: Division 1 First Instance Number of paragraphs: 8 Date of hearing: 20 November 2023 Place: Melbourne Counsel for the Applicant: Litigant in person Counsel for the First Respondent: Ms Rosner Solicitor for the First Respondent: Zeno Lawyers Counsel for the Second Respondent: Litigant in person ORDERS
MLC 209 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR MORCOS
Applicant
AND: MS LINDON
First Respondent
EXECUTOR OF THE ESTATE OF THE LATE MS B
Second Respondent
ORDER MADE BY:
BENNETT J
DATE OF ORDER:
20 NOVEMBER 2023
THE COURT ORDERS THAT:
1.The final hearing set down before me to commence on 4 December 2023 be and is hereby vacated.
2.This matter be fixed for final hearing before me on 22 April 2024 estimated to take 3 days (“the final hearing”).
3.Specific questions be and hereby served by either party by 1 February 2024 and answered by 20 February 2024.
4.Pursuant to section 102NA(1) of the Family Law Act 1975 (Cth) (the Act), section 102NA(2) of the Act applies to any future cross-examination in these proceedings and IT IS REQUESTED THAT Victoria Legal Aid provide assistance to the Applicant under the cross-examination scheme.
5.The question of the costs of the parties of this day be reserved.
AND THE COURT NOTES THAT:
A.Pursuant to paragraph 4 hereof, the applicant do all acts and things necessary to make an application to Victoria Legal Aid for funding under the Commonwealth Family Violence and Cross Examination of Parties Scheme to enable their legal representation at the final hearing.
B.The relevant application referred to in Notation A hereof is available to the parties at
C.The parties have each been advised by the Court that:
a.pursuant to those requirements, neither party may cross-examine the other party personally;
b.pursuant to those requirements, any cross-examination of either party may only be conducted by a legal practitioner acting on behalf of the other party;
c.as to the availability of the Commonwealth Family Violence and Cross- Examination of Parties Scheme and the means by which they may apply to that scheme for the provision of a lawyer; and
d.a copy of these orders will be provided by the court to Victoria Legal Aid, which administers the said scheme.
D.In the event the applicant has not engaged the cross examination of parties scheme or engaged in private legal representation the final hearing…
Continue reading Morcos & Lindon
Sign in free to access the full text
- AGLC
- Morcos & Lindon [2023] FedCFamC1F 1010
- Case
- [2023] FedCFamC1F 1010
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether Mr Morcos could continue to represent himself and cross-examine Ms Lindon without legal representation, and if not, what steps should be taken to ensure a fair hearing. The court considered section 102NA of the Family Law Act, which applies in cases of domestic violence and mandates that cross-examination can only be conducted by a legal practitioner. The court also had to address how to facilitate Mr Morcos' access to legal aid under the Commonwealth Family Violence and Cross Examination of Parties Scheme.
The court reasoned that it was in the interests of justice for Mr Morcos to have legal representation, particularly given the nature of the proceedings and the application of section 102NA. The court ordered that specific questions be served by either party by 1 February 2024 and answered by 20 February 2024. The court also requested that Victoria Legal Aid provide assistance to Mr Morcos under the cross-examination scheme. If Mr Morcos did not secure legal representation by engaging with the scheme or private legal services, the final hearing would proceed without him being able to cross-examine Ms Lindon. The final hearing was rescheduled to 22 April 2024, estimated to take three days. The court also reserved the question of the costs of the parties.
In summary, the court ordered that the final hearing be rescheduled, required specific questions to be exchanged and answered, requested legal aid assistance for Mr Morcos, and warned that the final hearing would proceed without Mr Morcos' cross-examination if he did not secure legal representation.
Orders
Orders of the court
MLC 209 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR MORCOS
Applicant
AND:
MS LINDON
First Respondent
EXECUTOR OF THE ESTATE OF THE LATE MS B
Second Respondent
ORDER MADE BY:
BENNETT J
DATE OF ORDER:
20 NOVEMBER 2023
THE COURT ORDERS THAT:
1. The final hearing set down before me to commence on 4 December 2023 be and is hereby vacated.
2. This matter be fixed for final hearing before me on 22 April 2024 estimated to take 3 days (“the final hearing”).
3. Specific questions be and hereby served by either party by 1 February 2024 and answered by 20 February 2024.
4. Pursuant to section 102NA(1) of the Family Law Act 1975 (Cth) (the Act), section 102NA(2) of the Act applies to any future cross-examination in these proceedings and IT IS REQUESTED THAT Victoria Legal Aid provide assistance to the Applicant under the cross-examination scheme.
5. The question of the costs of the parties of this day be reserved.
AND THE COURT NOTES THAT:
A. Pursuant to paragraph 4 hereof, the applicant do all acts and things necessary to make an application to Victoria Legal Aid for funding under the Commonwealth Family Violence and Cross Examination of Parties Scheme to enable their legal representation at the final hearing.
B. The relevant application referred to in Notation A hereof is available to the parties at https://www.legalaid.vic.gov.au/find-legal-answers/commonwealth-family-violence-and-cross-examination-of-parties-scheme.
C. The parties have each been advised by the Court that:
a. pursuant to those requirements, neither party may cross-examine the other party personally;
b. pursuant to those requirements, any cross-examination of either party may only be conducted by a legal practitioner acting on behalf of the other party;
c. as to the availability of the Commonwealth Family Violence and Cross- Examination of Parties Scheme and the means by which they may apply to that scheme for the provision of a lawyer; and
d. a copy of these orders will be provided by the court to Victoria Legal Aid, which administers the said scheme.
D. In the event the applicant has not engaged the cross examination of parties scheme or engaged in private legal representation the final hearing will proceed on the basis that the applicant will not be able to cross-examine the respondent.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.