Velderman & Velderman

In the matter of SYC 7114 of 2017, Mr Velderman (the applicant) sought orders against Ms Velderman (the respondent) in the Family Court of Australia. The proceedings involved allegations of family violence.

The central legal issue before Henderson J was whether to grant an order under section 102NA of the *Family Law Act 1975* (Cth) prohibiting the father from personally cross-examining the mother, given the allegations of family violence. The court was required to consider the discretionary nature of this provision, particularly where the specific circumstances did not fall within the enumerated categories in section 102NA(1)(c)(i), (ii), or (iii).

His Honour applied section 102NA(1) of the *Family Law Act 1975* (Cth), exercising his discretion to grant the order. The court found that the allegations of family violence perpetrated by the father against the mother warranted the prohibition on personal cross-examination. The court also noted that the requirements of section 102NA(2) would apply to any future cross-examination, meaning neither party could cross-examine the other personally, and such cross-examination could only be conducted by a legal practitioner.

The court ordered that the father be prohibited from personally cross-examining the mother in the proceedings due to the allegations of family violence. The father was also granted entitlement to legal representation via the Legal Aid Commission of New South Wales for the final trial. The parties were advised of the implications of section 102NA(2) and the availability of the Commonwealth Family Violence and Cross-Examination of Parties Scheme.