Department of Family and Community Services and Haura & Anor

In the matter of *Department of Family and Community Services and Haura & Anor*, Rees J of the Family Court of Australia considered an application by the parties for orders in accordance with terms of a document signed on 27 July 2017. The proceedings concerned the welfare of a child, B.

The primary legal issue before the court was whether to approve the parties' proposed consent orders. In addition, the court was required to determine whether to appoint an independent children's lawyer (ICL) for the child B and, if so, to make appropriate arrangements for that appointment and the subsequent conduct of the ICL.

Rees J dismissed the parties' joint application for consent orders. The court then exercised its discretion under section 68L(2) of the *Family Law Act 1975* (Cth) to request the appointment of an independent children's lawyer for the child B, with the Legal Aid Commission of New South Wales being requested to arrange this separate representation. The court further directed that upon appointment, the ICL should file a Notice of Address for Service, and that the solicitors for the respective parties provide all relevant documents to the ICL within 48 hours of notification of the appointment. The ICL was also granted permission to inspect and copy documents previously produced to the court and released to the parties.