FMC case: independent children’s lawyer discharged

FMC case: independent children’s lawyer discharged

In the recent Federal Magistrates Court case of Brock and Brock, Federal Magistrate O’Sullivan heard an application by the husband to discharge the independent children’s lawyer.

The application, made in a timely manner, was on the basis that the husband, who lived in a small country town, rang local small firm to obtain advice as to whether or not he should hold over the children. That firm was the firm from which the later appointed independent children’s lawyer came. She said that there was no file note or record of the call, and the name of the man to whom the husband spoke was unknown, let alone that the firm had never been engaged by the husband.

O’Sullivan FM conducted a thorough review of authorities dealing with the issue of when lawyers, including independent children’s lawyers, should be discharged, concluding:

I acknowledge and accept that the Court should be slow to discharge the ICL…
Whilst this matter was not without difficulty, the most significant matter,
in my view, is that the husband has deposed and asserts that the offices of the
ICL, which is a small firm in a country town, provided him with advice, upon
which he acted in circumstances where he could reasonably have assumed legal
proceedings may be commenced and he was entitled to expect that that advice was
confidential. Whilst he could not point to a letter of engagement or file, in my
view, what is at stake is that the integrity of the legal process and the legal
profession so that all parties involved in litigation may have confidence in the
integrity of the legal system and the process.
In my view the justice of
this matter does require that the ICL be restrained from acting.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Another US Surrogacy Agency Has Collapsed – Are Your Dreams at Risk?

A recent collapse of a United States surrogacy agency has again exposed a harsh reality for intended parents: the path to building a family through surrogacy is vulnerable to fraud, mismanagement and sudden collapse. Hundreds of people are reported to be affected, with life savings wiped out, records shredded and law enforcement stepping in. This… Read More »Another US Surrogacy Agency Has Collapsed – Are Your Dreams at Risk?

Update on surrogacy in the Mexican state of Jalisco

The current state of surrogacy regulation in the Mexican state of Jalisco is in a state of transition, according to attorney Ivan Davydov from Carem. I have set out below his recent summary sent out to clients, which I share with his permission. ——– Surrogacy in Jalisco Smart Move or Risky Timing Dear Clients, In… Read More »Update on surrogacy in the Mexican state of Jalisco

Queensland’s IVF Legislation Crisis Explained

When lawmaking is rushed to meet political timetables, real people can become unintended casualties. Queensland’s recent overhaul of assisted reproductive technology laws provides a clear example: changes intended to protect patients instead created immediate and painful barriers to treatment. How a political deadline turned into a legal problem In 2023, the Queensland government declared regulation… Read More »Queensland’s IVF Legislation Crisis Explained

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board