Guidelines Part 3 - Matter Type Guidelines Cwth Family Law Matter Type Guidelines Guideline 3 - Independent Representation of Children| Independent Representation of Children |
Guideline : Cwth
Number: 3 Effective Date: 15/7/10 Law: Cwth Family |
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| 3.1 | Assistance for independent representation of a child | ||||
| (1) | The Commission may make a Grant of Legal Assistance for the independent representation of a child in court proceedings if: | ||||
| (a) | a court makes an order that the child's interests be independently represented by a lawyer and asks the Commission to arrange for a lawyer to provide the independent representation, and | ||||
| (b) | the Commission decides that it is reasonable to provide a Grant of Legal Assistance for the independent children's lawyer. | ||||
| Note: | A court order that an independent children's lawyer be appointed in a matter does not impose an obligation on the Commission to make a Grant of Legal Assistance for the independent representation | ||||
| (2) | The Commission will give priority to a Grant of Legal Assistance for the independent 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 an independent children's lawyer the Commission will give consideration as to the ability of the parties to the proceedings to: | ||||
| (a) | contribute to the costs associated with a single expert report | ||||
| (b) | contribute to the costs and disbursements associated with the Grant of Legal Assistance for the independent children's lawyer. | ||||
| (2) | The Commission may determine an amount to be paid by each party taking into account: | ||||
| (a) | The party's capacity to pay | ||||
| (b) | The party's legally aided status | ||||
| (c) | Contributions assessed on existing files. | ||||
| (3) | Taking into account that the parties are equally liable to pay a single expert witness's reasonable fees and expenses incurred in preparing a report (Family Law Rules, R15.47) ordinarily, if a party is unaided, they will be required to contribute to an equal portion of the cost of the single expert. | ||||
| (4) | 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 independent 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. | ||||
| (5) | If a party refuses or fails to pay the amount required by the Commission under this guideline 3.2, legal assistance for the independent children's lawyer should continue to be provided on the condition that the independent children's lawyer in appropriate circumstances seek an order for costs against that party at an appropriate time in the court proceedings. | ||||