Family Law Amendment (Family Violence and Other Measures) Bill 2018

As recently published in the QLS Proctor, the Family Law Amendment (Family Violence and Other Measures) Bill 2018 passed on 22 August. This legislation expands the family law jurisdiction of state Magistrates Courts up to prescribed amounts (currently $20,000.00 but also greater if parties consent).

Family Law Amendment (Family Violence and Cross-Examination of Parties) Bill 2018 (Cth)

As recently published in the QLS Proctor, the Family Law Amendment (Family Violence and Cross-Examination of Parties) Bill 2018 (Cth) seeks to introduce appropriate protections for victims of family violence during cross-examination in family law proceedings.  In particular, the proposed legislation would prohibit cross-examination in certain circumstances, and require that cross-examination be conducted by a legal representative.

In Summary, it amends the Family Law Act 1975 to: prohibit personal cross-examination where there is an allegation of family violence between the parties to the proceedings and certain circumstances are satisfied; provide that if personal cross-examination is prohibited, cross-examination must be conducted by a legal representative; and provide that, if there is an allegation of family violence and personal cross-examination is not prohibited, the court must ensure that there are appropriate protections for the party who is the alleged victim of the family violence.