Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A party may apply for the appointment or removal of an independent children's lawyer by filing an Application in a Case.
Note: A party may ask for a procedural order orally (see paragraph (h) of item 3 of Table 11.1 in rule 11.01).
(2) If the court makes an order for the appointment of an independent children's lawyer:
(a) it may request that the representation be arranged by a legal aid body that is a relevant authority within the meaning of subsection 116C(5) of the Act; and
(b) it may order that the costs of the independent children's lawyer be met by a party.
Note: Section 68L of the Act provides for the independent representation of children.
(3) A person appointed as an independent children's lawyer:
(a) must file a Notice of Address for Service;
(b) must comply with these Rules and do anything required to be done by a party; and
(c) may do anything permitted by these Rules to be done by a party.
(4) If an independent children's lawyer is appointed, the parties must conduct the case as if the independent children's lawyer were a party.
(5) The appointment of an independent children's lawyer ceases:
(a) when the Initiating Application (Family Law) is determined or withdrawn; or
(b) if there is an appeal--when the appeal is determined or withdrawn.
Note 1: If a document or notice is served on or given to a party under these Rules, the document or notice must also be served on or given to any independent children's lawyer (see subrule 7.04 (4)).
Note 2: This rule applies unless the court orders otherwise (see rule 1.12).