Section 102NB — Family Law Act 1975 (Cth)

If, in proceedings under this Act:

(a) a party (the examining party) intends to cross‑examine another party (the witness party) personally; and

(b) there is an allegation of family violence between the examining party and the witness party; and

(c) section 102NA does not apply to prevent the examining party cross‑examining the witness party personally;

then the court must ensure that during the cross‑examination there are appropriate protections for the party who is the alleged victim of the family violence.

Note 1: For example, the court may consider it appropriate to give a direction under subsection 102C(1) that the cross‑examination be conducted by video link or audio link.

Note 2: This section does not limit other laws that apply to protect the witness party (for example, section 101 requires the court to forbid the asking of offensive questions and section 41 of the Evidence Act 1995 requires the court to disallow certain questions, such as misleading questions).

Related sections

• s 102K — Expenses
• s 102L — New Zealand proceedings
• s 102NA — Mandatory protections for parties in certain cases
• s 102NC — Review of this Division
• s 102ND — Proceedings to which this Division applies
• s 102NE — Principles for conducting child‑related proceedings and property or other proceedings

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