Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 3.11

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                     (a)  when the Initiating Application (Family Law) is determined or withdrawn; or

                     (b)  if there is an appeal--when the appeal is determined or withdrawn; or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

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)).

   



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