Checklist · Family Violence & Protection Orders
Personal cross-examination ban: section 102NA checklist and the Commonwealth scheme
Checklist for whether section 102NA stops a party cross-examining another party in person, and for applying in time to the Commonwealth family violence cross-examination scheme.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia, Commonwealth
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 3 authorities it cites, for Australia and Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use in any proceeding under the Family Law Act where there is an allegation of family violence between the parties and a hearing will involve cross-examination. The Court's information sheet says the ban is not limited to parenting cases.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may tick which of the four conditions is mentioned in the file. The lawyer decides whether the ban applies and whether to apply to the scheme.
AI may
- List orders, charges and injunctions named on the file against the four conditions
- Calculate 12 weeks before the final hearing date the lawyer supplies
- Note whether each party has a lawyer on the record
AI must not
- Must not say the ban applies or does not apply
- Must not draft cross-examination questions
- Must not describe section 102NB beyond what the Court's information sheet states
The lawyer checks
- There is an allegation of family violence between the examining party and the witness party, and at least one of the four conditions in s 102NA(1)(c) is met, or an order under subparagraph (iv) is sought
- The client understands that if the ban applies and they have no lawyer, they cannot cross-examine the other party
- A scheme application, if made, is lodged with the legal aid commission at least 12 weeks before the final hearing, as the Court states
- Where the ban does not apply, the Court's statement that section 102NB requires alternative protections is followed up by reading that section
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- Contravention worksheet: which limb of section 14, if any (NSW AVO)
- Application to vary, revoke or extend an apprehended violence order: completion guide and checklist (NSW)
- Application to vary a domestic violence order (Queensland Form DV04)
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- Family violence intervention order application (Victoria, FVIO1 or online): completion guide
- Application to vary a recognised interstate order (Queensland Form DV04A)
- Family violence order or restraint order (Magistrates Court of Tasmania): completion guide
- National Domestic Violence Order Scheme checklist: recognition, enforcement and variation of interstate and foreign orders
- Notice of Child Abuse, Family Violence or Risk (Federal Circuit and Family Court): completion guide
- Client safe-contact instructions and consent form (family violence matters)
- Family violence order (ACT Magistrates Court application): completion guide
- Application for court review of a police protection direction (Queensland Form DV59A)
- Register of protection orders: making, service and expiry (NSW)
- Client safety screening and safety planning checklist for family violence matters
- Application for a domestic violence order (NT Local Court publication PD 5A): completion guide
- Application to vary or revoke an intervention order (Queensland Form DV09)
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- Application for a declaration that a domestic violence order is a recognised interstate order (Queensland Form DV35)
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All precedents for Family Violence & Protection Orders · Tasks and AI use in this area