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 Proceeding.
(2) If the court makes an order for the appointment of an independent children's lawyer, the court may:
(a) request that the representation be arranged by a legal aid body; and
(b) order that the costs of the independent children's lawyer be met by one or more of the parties.
(3) A person appointed as an independent children's lawyer:
(a) must file a Notice of Address for Service; and
(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 proceeding 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(a) when the Initiating Application (Family Law) is determined or withdrawn; or
(b) if there is an appeal--when the appeal is determined or withdrawn; or
(c) as otherwise ordered.
Note 1: Section 68L of the Family Law Act provides for the independent representation of children and section 68LA of that Act sets out the role of an independent children's lawyer.
Note 2: The duty of disclosure applies to an independent children's lawyer (see rule 6.01).
Note 3: 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 any independent children's lawyer (see paragraph 2.27(3)(b)).