102NA Family Law Act, 1975 Cross-Examination of perpetrators and victims of family violence

Two Part Seminar - Monday, 11 & 18 November 2019

On 11 September 2019, s.102NA of the Family Law Act, 1975 commenced to operate being an amendment intended to provide protection to victims of family violence involved in cross-examination as part of family law proceedings.

Under the amendment, if relevant circumstances of family violence apply, a party intending to personally cross-examine the other party may be restrained by Order from doing so personally.  If such an Order restraining is made, then the cross-examination must be conducted by a legal practitioner acting on behalf of the examining party (regardless of whether the examination is being conducted by the alleged perpetrator or the alleged victim).  Legal representation may be arranged privately or by making an application to the Family Violence Cross Examination Scheme at Legal Aid NSW.

The seminars are designed to look at the operation of this new provision and to provide some guidance on the advocacy skills involved in cross-examination of this type.  The 1st seminar will include a presentation by Grant Brady SC on Cross examining alleged victims and vulnerable witnesses followed by a presentation on avoiding collusion and enabling conduct.  The 2nd seminar will include a presentation by Suzanne Christie SC on Cross examining alleged perpetrators, a presentation on working with clients affected by trauma and also a presentation from a Judge as to the initial experiences of these hearings.

Speakers:

11 November 2019

• Grant Brady SC.
• Philip Turner, Family Violence Support Worker. Relationships Australia NSW.

18 November 2019

• Suzanne Christie SC.
• Amelia Pace, Social Worker, Domestic Violence Unit, Legal Aid NSW.

Chair:

• John Longworth

This seminar has been organised by the NSW Bar Association’s Family Law Committee in conjunction with Legal Aid NSW.