Legal Aid Queensland (LAQ) has updated its guidance on the scheme for a lawyer to conduct cross-examination where there is a ban on personal cross-examination pursuant to s102NA of the Family Law Act 1975 (Cth).
In its advisory LAQ says: “The scheme will pay for a lawyer to prepare for and represent the client at a hearing where personal cross-examination has been banned. The scheme will also pay for standard disbursements, interpreter costs, the lawyer’s associated costs (travel, parking and accommodation), and a dispute resolution conference as they relate to the hearing where personal cross-examination has been banned. To provide appropriate legal services to the client the lawyer should prepare for the cross-examination as if the lawyer had carriage of the entire proceedings and include engaging with the other party and/or ICL, if appropriate.”
The updated guidance specifically notes that approved funding under the scheme covers taking client instructions and communicating and negotiating with the other party/ICL on matters subject of the hearing.