Hi
My partner has self represented in Court for the last 2 years.
At my partners last hearing, he was advised by the Judge that he may be eligible to apply for the Commonwealth Family Violence and Cross-Examination of Parties Scheme as his ex had put 2 x DVO's on him, plus he has been charged with a breach of the first. The most recent DVO expired late last year. We understand that he is not automatically eligible for Legal Aid funding for a solicitor and would therefore need to have private representation if a banning order was made.
The Judge at that time made a notation on the order that he may be eligible and he was advised to ask at the next hearing, where it was to be set down for trial, for a banning order to be made as Legal Aid need this to trigger them to forward an application form to him to complete.
At his latest hearing last week, the Judge told him he needed to apply for it, that he could not make an order - that he needed to make an application. The hearing last week was for the matter to be placed in the trial pool.
I have contacted the relevant area of Legal Aid & they have told me that the correct process for this scheme is the original process the previous Judge informed him.
Can anyone advise where to go from here? Has the Judge last week given the incorrect information and inturn jeopardised his opportunity to access this scheme?
Thank you
My partner has self represented in Court for the last 2 years.
At my partners last hearing, he was advised by the Judge that he may be eligible to apply for the Commonwealth Family Violence and Cross-Examination of Parties Scheme as his ex had put 2 x DVO's on him, plus he has been charged with a breach of the first. The most recent DVO expired late last year. We understand that he is not automatically eligible for Legal Aid funding for a solicitor and would therefore need to have private representation if a banning order was made.
The Judge at that time made a notation on the order that he may be eligible and he was advised to ask at the next hearing, where it was to be set down for trial, for a banning order to be made as Legal Aid need this to trigger them to forward an application form to him to complete.
At his latest hearing last week, the Judge told him he needed to apply for it, that he could not make an order - that he needed to make an application. The hearing last week was for the matter to be placed in the trial pool.
I have contacted the relevant area of Legal Aid & they have told me that the correct process for this scheme is the original process the previous Judge informed him.
Can anyone advise where to go from here? Has the Judge last week given the incorrect information and inturn jeopardised his opportunity to access this scheme?
Thank you