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9 February 2016
PRIVATE & CONFIDENTIAL
Dear
MATTER NAME
Court File Number:
We refer to the recent order made by the that an Independent Children’s Lawyer be appointed by
the Northern Territory Legal Aid Commission.
HUGH BOND has been appointed the Independent Children’s Lawyer.
Role of the Independent Children’s Lawyer.
The role includes:
1.
Representing the best interests of the child;
2.
Participating in any hearings, providing evidence, cross examining witnesses and making
recommendations to assist the Court in reaching a decision in the best interests of the
child;
3.
Investigating matters relevant to the child welfare through reliable channels of enquiry;
and
4.
Acting independently and impartially.
As you have a solicitor acting on your behalf we will communicate directly with them as it is not
ethical for us to speak directly with you unless your solicitor is present.
Dependent upon a number of factors, the Independent Children’s Lawyer may meet the child and,
if appropriate, explain their role. It is very important that you do not discuss the matters before the
court with your child.
What the Independent Children’s Lawyer may do
As the Independent Children’s Lawyer, we may arrange for the child to see a Social Worker,
Psychologist or Psychiatrist.
Document1
9 February 2016
The Court may order the preparation of a Family Report and arrangements for this will be made by
the Court staff directly with you.
We enclose:
1.
Fact Sheet entitled “the Role of the Independent Children’s Lawyer” which will provide
additional information concerning the role of Independent Children’s Lawyer, and
2.
Notice of Commonwealth Guidelines in relation to the Independent Children’s Lawyer’s
costs.
3.
We have also sent to your solicitor a questionnaire for you to complete which will assist in
the representation of the child together with some authorities. Please fill in the questions
to the best of your knowledge and return to your solicitor as soon as possible.
Yours faithfully
LAWYER
Barrister & Solicitor
Enc
Notice of Commonwealth Guidelines in relation to the Independent Children’s Lawyer’s costs
Fact Sheet “Role of the Independent Children’s Lawyer”
2
Guideline 3 Separate Representation of Children
3.1
Assistance for Separate Representation of a Child
(1)
The Commission may make a Grant of Legal Assistance for the separate representation of
a child in court proceedings if:
(a)
A court makes an order for separate representation and asks the Commission to
arrange for a child representative to provide the separate representation; and
(b)
The Commission decides that it is reasonable to provide a Grant of Legal Assistance
for the separate representation.
Note: A court order that a child representative be appointed in a matter does not impose an
obligation on the Commission to make a Grant of Legal Assistance for the separate
representation.
(2)
The Commission should make a Grant of Legal Assistance for the separate representation
of a child in any court proceedings relating to special medical procedures (including
sterilisation).
(3)
An application for a Grant of Legal Assistance under this guideline 3.1 is not subject to the
means test.
3.2 Payment for the Costs of Separate Representation by a Party not receiving
Legal Assistance
(1)
If the Commission makes a Grant of Legal Assistance for the separate representation of a
child in court proceedings in relation to which at least one of the parties is not receiving
legal assistance under a Grant of Legal Assistance, the Commission must:
(a)
Notify each party not receiving legal assistance that each may be required to pay an
equal portion of the total costs and disbursements of the child representative;
(b)
Taking into account each such party's capacity to pay, determine whether to waive or
reduce the amount to be paid by that party, and notify each such party of the amount
he or she is required to pay the Commission; and
(c)
Require each such party to pay the required amount in the manner determined by the
Commission.
(2)
Guideline 3.2(1) does not apply to proceedings relating to special medical procedures
involving a child in which a Grant of Legal Assistance for separate representation of the
child has been made, regardless of whether or not any of the parties to the proceedings are
receiving legal assistance under a Grant of Legal Assistance.
(3)
If a party refuses or fails to pay the amount required by the Commission under this
guideline 3.2, legal assistance for the separate representation should continue to be
provided on the condition that the child representative seek an order for costs against that
party at an appropriate time in the court proceedings.
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FACT SHEET
THE ROLE OF AN INDEPENDENT CHILDREN’S LAWYER
What is an Independent Children’s Lawyer
(ICL)?

Present evidence to the court, including calling
witnesses.


Recommend which Court Orders would be in
the child/ren’s best interests.

The ICL is an independent solicitor whose
appointment is ordered by the Family Court or
Federal Circuit Court during family law
proceedings where there is a dispute involving
children. The Northern Territory Legal Aid
Commission makes the appointment.
What is a Family Report?

A Family Report is a written report about the
family’s situation and will also include the
child/ren’s views (if old enough to express
them),
emotional
attachments
and
recommendations
to
the
Court
about
arrangements for the children.

These reports are generally written by
someone who has qualifications of a social
worker, psychologist or can sometimes have a
background as a psychiatrist to help the Court
understand the family situation.

The report is written on information received by
the writer speaking to the family members and
other significant people (eg, teachers and other
professionals) as well as the child/ren and
access to Court documents.

The Court can be asked by the ICL or any of
the parties involved to make an order for this
report which can be organised and paid for by
either the parties or the ICL. Sometimes the
Court will order Court appointed expert to do it.
This usually happens when there is a concern
about the child’s welfare because the Court’s
main focus is the welfare and well-being of the
child/ren when making orders about their future
arrangements.
What does the Independent Children’s
Lawyer do?
The ICL must:
Based on the evidence in the case, form their
own independent view about child/ren’s welfare
and best interests.

Introduce themselves to the child/ren and
explain their role if the child/ren is/are mature
and old enough, unless there are special
circumstances.

Make the Court aware of any views the
child/ren may have expressed and any
important issues concerning the child/ren.

Help lessen any trauma to the child/ren caused
family law case and help everyone in the case
to come to an agreement about what is the
child/ren’s best interests.
Will I be involved in the process?

The ICL may arrange a Family Dispute
Resolution Conference to discuss the issues.
This will involve you and your former partner,
solicitors and the ICL. This conference can
often solve disputes and avoid the need for a
Court hearing.

The ICL will present evidence to the Court of
your child/ren’s views (if old enough to express
them) and other evidence they consider to be
important in working out what is in their best
interests. So your child/ren’s views may not
always be followed.

The ICL will communicate with you during the
case. Although if you are legally represented,
the ICL will not be able to talk to you directly
but with your solicitor.
The ICL does not act on the children’s instructions like
a party’s solicitor would or do what the child/ren ask.
How will the
Lawyer do this?
Independent
Children’s

Request a Family Report be prepared (see
“What is a Family Report”).

Collect information about the child/ren or the
case and speak to other people involved with
the child/ren such as teachers, doctors,
counsellors,
Guidance
Officers
and
psychologists.
What happens at Court?
3

If the matter goes to a Court hearing, your
child/ren will not be required to go to Court to
give evidence. Any information the Court
needs will be found in the various Court
documents filed and evidence of the parties
and reports prepared by experts, such as the
Family Report writer.

Do not discuss the court case with them
because it can be very stressful for your
child/ren.

Support
and
confidentiality.

Make the child/ren available to see the ICL if
requested and give the ICL requested
information and authorities to speak to those
involved with your child/ren such as school
teachers, Guidance Officers and doctors.
Does the Judge do what the Independent
Children’s Lawyer asks?
respect
your

The ICL will give the Judge an independent
view of the case and will be listened to by the
Judge.
Your contact with the Independent
Children’s Lawyer

The Judge takes into consideration all facts
and views which are given by all the parties
including the child/ren.

Who finds out what the Independent
Children’s Lawyer recommends?

The ICL may make a recommendation about
what they consider is in the child/ren’s best
interests early in the case and will
communicate this to the parties’ solicitor or the
parties directly, if they don’t have a solicitor.
The reason for this is so the parties can
consider these recommendations and try and
resolve the dispute.

Sometimes the ICL may not make any
recommendations until they’ve heard all the
evidence given by parties and all the witnesses
during the court hearing.

The
ICL
may
even
change
their
recommendations if new evidence or
information becomes available to them.
What can I do to help?
It is important that you:

Do not question the child/ren before or after
any meetings with the Family Report writer or
ICL;

Do not coach them in what to say.
child/ren’s
The ICL will communicate with you during the
case, usually in writing and sometimes by
telephone. Although if you are legally
represented, the ICL will not be able to talk to
you directly but through your solicitor.
What happens after Final Court Orders are
made?

Once a final decision and orders are made by
the Court, the ICL’s role ends and the ICL will
be discharged by the Court.
Who pays the Independent Children’s
Lawyer?

Normally the Northern Territory Legal Aid
Commission pays the costs of the ICL but may
ask the parties to contribute one-half each
towards those costs. The Northern Territory
Legal Aid Commission may also direct the ICL
to ask the Court for their costs to be paid by the
parties at the end of the case.

The financial capacity of the parties to pay
these costs will be assessed by the Northern
Territory Legal Aid Commission. If a party is,
for eg. legally aided, they will not be required to
make a contribution towards the ICL’s costs.
Northern Territory Legal Aid Commission Offices
Darwin Office
6th Floor, 9 – 11 Cavenagh Street
Darwin NT0801
Tel: (08) 8999 3000 Fax: (08) 8999 3099
Palmerston Office
4
Shop 6 Goyder Centre,
25 Chungwah Terrace
Palmerston NT 0830
Tel: (08) 89994750 Fax: (08) 8999 4747
Katherine Office
20 Second Street
Katherine NT 0850
Tel: (08) 8973 8704 Fax: (08) 8973 8551
Tennant Creek Office
Shop 3, 163 Paterson Street
Tennant Creek NT 0860
Tel: (08) 8962 4362 Fax: (08) 8962 2439
Alice Springs Office
77 Hartley Street
Alice Springs NT 0870
Tel: (08) 8951 5377 Fax: (08) 8951 5378
Email: mailto:info@ntlac.nt.gov.au
Toll free Telephone Information Service: 1800
Monday to Friday 9am to 4 pm
019 343
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