Government to restrict cross-examination of family violence victims by their alleged perpetrators

Government to restrict cross-examination of family violence victims by their alleged perpetrators

Attorney-General Senator George Brandis has released the following statement:


protecting family violence victims from being
cross-examined by alleged perpetrators
Today, I release draft legislative amendments to the Family Law Act 1975 to ensure victims of family violence are protected from being personally cross-examined by their alleged perpetrators.
The proposed legislative changes are part of the Government’s ongoing commitment to implementing protections against family violence for Australian families, and form part of the Government’s package of measures to further support the family law system.   
The draft amendments see a legislative ban on self-represented parties conducting direct
cross-examination where one party is convicted or charged of an offence involving violence against another party. The court will also have discretion to disallow direct cross-examination in other matters where there are allegations of family violence.
To maintain procedural fairness, the court will be able to appoint a person to act as an intermediary to ask questions in cross examination on behalf of a party.
The draft amendments respond to concerns that family violence victims may experience further trauma from being directly cross-examined by their alleged perpetrators. This issue has been the subject of consultation with stakeholders and was identified as a key area of reform by the federal, state and territory governments at the 2016 COAG National Summit on reducing violence against women and their children.
The draft legislation, consultation paper and information on how to make a submission are available at: ag.gov.au/Consultations/Pages/Family-violence-cross-examination-amendments.aspx. Submissions can be lodged until 25 August 2017.
17 July 2017
Things to Read, Watch & Listen

Surrogates & Donors are Extraordinary People

Surrogates and donors make parenthood possible for so many who can’t conceive on their own—whether it’s heterosexual couples, LGBTQ+ parents, single parents, or those with medical conditions. Their generosity is nothing short of life-changing.

Anonymity is Dead in Surrogacy: The Rise of Technology and Its Impact on Donor Privacy

In this video, Stephen dives into one of the 10 lessons he’s learned since his first surrogacy case in 1988: the death of anonymity in surrogacy and donor conception.

Reflections of 40 Years of Legal Practice

In this video, Award Winning Family & Surrogacy Lawyer, Stephen Page reflects on his career spanning 40 years.

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board