Commonwealth Consolidated Regulations

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Independent children's lawyer

             (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                     (a)  when the Initiating Application (Family Law) is determined or withdrawn; or

                     (b)  if there is an appeal--when the appeal is determined or withdrawn.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).

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