Franklin and Riley

In the District Court of New South Wales, His Honour Judge Faulks presided over applications brought by the father against the mother, her lawyer Rohan Harrison, and the Independent Children’s Lawyer Linda Hansen. The father sought to have these individuals dealt with for alleged contraventions of court orders and, in the case of the mother and her solicitor, for contempt of court. The father also sought the removal of the Independent Children’s Lawyer.

The central legal issues before the court concerned the alleged contraventions of court orders and contempt of court by the mother, her legal representative, and the Independent Children’s Lawyer, as well as the appropriateness of the Independent Children’s Lawyer continuing in her role. The court was required to determine whether the actions of the respondents constituted a breach of any court orders or contempt, and whether the Independent Children’s Lawyer should be replaced.

Ultimately, all applications made by the father were withdrawn and consequently dismissed by the court. The hearing dates previously scheduled for these applications were vacated. The court also ordered the suppression of a transcript of a prior hearing conducted in the absence of the mother, her lawyer, and the Independent Children’s Lawyer until a specified date. Liberty to apply was granted for the scheduling of any interim applications that could not be resolved by agreement between the parties and the Independent Children’s Lawyer.