HOWELL & CARTER (No.2)

In the matter of *Howell & Carter (No.2)*, Judge Wilson of the Federal Circuit Court of Australia considered an application by a father seeking the removal of the Independent Children’s Lawyer (ICL) appointed in proceedings concerning his children. The dispute centred on the father's allegations of bias against the ICL.

The primary legal issues before the Court were whether the power to appoint an ICL axiomatically carries with it the power to discharge that ICL, and whether an ICL is amenable to removal for bias or a reasonable apprehension of bias. The Court also considered the proper interpretation of the relevant legislation, specifically Division 10 of Part 7 of the Family Law Act 1975 (Cth), and the application of the doctrine of *stare decisis* in light of long-standing Full Court authority.

Judge Wilson reasoned that while the legislation does not explicitly stipulate a power of removal for an ICL, the established authority of the Full Court of the Family Court of Australia, which has consistently authorised orders for the discharge of ICLs, was too entrenched to doubt its application. The Court further held that an ICL is not subject to the same rules regarding apprehended bias as apply to courts and tribunals. Consequently, the father's application for the removal of the ICL on the grounds of bias was dismissed.

The application filed by the father on 6 December 2016 was dismissed. The proceeding was transferred to the Melbourne Registry of the Family Court of Australia for listing with such priority as that Court deems appropriate, and costs were reserved.