FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Holinski & Holinski [2025] FedCFamC1F 143
File number(s): PAC 2634 of 2023 Judgment of: RIETHMULLER J Date of judgment: 5 March 2025 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Application to discharge Independent Children’s Lawyer – Where respondent argues Independent Children’s Lawyer failed to independently assess the children’s best interests, acted incompetently and lacked professional objectivity – Where no evidence pointed to incompetence, lack of professional objectivity or breach of fiduciary duty on behalf of Independent Children’s Lawyer – Independent Children’s Lawyers can form a preliminary view after review of the evidence – Application dismissed.
FAMILY LAW – PRACTICE AND PROCEDURE – Application to appoint family therapist – Where respondent wishes to engage in further family therapy for second time – Where children refuse to spend time with respondent – Parental alienation – Where there is no evidence further family therapy would be successful – Application dismissed.
Legislation: Family Law Act 1975 (Cth) ss 68L(2), 68LA Cases cited: Grattan & Grattan (No 3) [2014] FamCA 839
Horner & Horner [2018] FamCA 487
Knibbs & Knibbs [2009] FamCA 840
Leroux & Leroux (Independent Children's Lawyer) [2015] FamCA 1128
Lim & Zong [2021] FamCAFC 165
Lloyd & Lloyd and Child Representative (2000) FLC 93-045
Moriarty, Cormac, “Rethinking the Test for Bias in Family Law Proceedings” (2025) 99 Australian Law Journal 269
Division: Division 1 First Instance Number of paragraphs: 30 Date of hearing: 20 February 2025 Place: Sydney Solicitor for the Applicant: Ms Speirs, Bell Lawyers Respondent: Mr Holinski (Litigant in person) Counsel for the Independent Children's Lawyer: Mr Duc Solicitor for the Independent Children's Lawyer: Legal Aid NSW
Table of Corrections 22 April 2025 In paragraph 23, the number “269” has been inserted in the citation between the words “journal” and “that” as the full citation was unavailable at the time the judgment was delivered. ORDERS
PAC 2634 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS HOLINSKI
Applicant
AND: MR HOLINSKI
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
RIETHMULLER J
DATE OF ORDER:
5 MARCH 2025
THE COURT ORDERS THAT:
1.The application to discharge the Independent Children’s Lawyer is dismissed.
2.The application to appoint a further family therapist is dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Holinski &…
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CaseChat Overview and Summary
The court was required to determine whether the ICL should be discharged on the grounds of incompetence, lack of professional objectivity, or breach of fiduciary duty. Additionally, the court had to decide whether a second attempt at family therapy was in the children’s best interests, considering the evidence presented. Riethmuller J found that there was no evidence pointing to incompetence, lack of professional objectivity, or breach of fiduciary duty on the part of the ICL. The court also concluded that there was no evidence to suggest that a second attempt at family therapy would be successful, given the children's strong resist/refuse dynamic with the father. Therefore, the application to discharge the ICL and the application to appoint a further family therapist were dismissed.
The court dismissed the application to discharge the ICL and the application to appoint a further family therapist. The orders reflect that the application to discharge the ICL is dismissed and the application to appoint a further family therapist is dismissed. The form of the order is subject to the entry in the Court’s records. The court’s reasons for judgment may be subject to review to remedy minor typographical or grammatical errors, or to record a variation to the order.
Orders
Orders of the court
PAC 2634 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS HOLINSKI
Applicant
AND:
MR HOLINSKI
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
RIETHMULLER J
DATE OF ORDER:
5 MARCH 2025
THE COURT ORDERS THAT:
1. The application to discharge the Independent Children’s Lawyer is dismissed.
2. The application to appoint a further family therapist is dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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