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Law Council of Australia


Review of direct cross-examination ban

The submission to the reviewers, Mr Robert Cornall AO and Ms Kerrie-Anne Luscombethe, in relation to the Review of direct cross-examination ban - Family Law Act 1975, was prepared by the Law Council of Australia. 

Cross-examination plays a critical role in the justice process by testing the credibility and the veracity of the witness. The Law Council acknowledges that, for survivors of family violence, the prospect of being cross-examined by (or having to cross-examine) a violent ex-partner can cause significant emotional distress and trauma and may discourage them from continuing litigation. This is clearly undesirable, and the Law Council has in the past supported alternatives to direct cross-examination wherever possible.

You can read the full submission below.


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