On 11 March 2019, the Family Law Act 1975 (Cth) was amended to include s102NA which will see direct cross examination banned in certain circumstances. The Act aims to protect victims of family violence by requiring that cross examination must be conducted by a legal representative, either a privately retained practitioner or one funded through this scheme.
This scheme is funded by the Commonwealth Government and will be administered in New South Wales by Legal Aid NSW. Funding for legal representation under the scheme will be available at the current Legal Aid fee scale for the preparation and appearance at the final hearing (including Counsel). Parties in the scheme will also be referred to legally assisted dispute resolution processes offered by Legal Aid NSW.
Legal Aid NSW invites expressions of interest from lawyers who meet the following requirements:
All solicitors included in the list will be required to observe the Legal Aid NSW Quality Standards. They will also be expected to comply with the Family Violence and Cross-Examination Scheme guidelines for lawyers (PDF, 298kB).
Solicitors accepted onto the list will be also required to attend and satisfactorily participate in compulsory in person training. The training is a full day masterclass in acting for victims and perpetrators of family violence, and procedural issues relating to the scheme.
The next scheduled training is:
Friday 20 February, 2026 at the Teachers Federation Conference Centre in Sydney
To be included in the next training we will need to receive your expression of interest by Friday 23 January, 2026.
Travel costs will be considered for regional practitioners to attend compulsory training and paid at legal aid rates. For more information, see Fees for all law types.
Solicitors included in the list will be paid at legal aid rates for matters covered by the scheme: Family violence and cross-examination of parties scheme fee scales.
If you have any enquiries about being included in the list, please email the Cross Examination Scheme team at crossexamscheme@legalaid.nsw.gov.au.
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