Independent Children’s Lawyer and Leroux & Ors

This matter concerned an application by the father for an adjournment of a fixed hearing date. The Independent Children’s Lawyer (ICL) had filed an application on 6 April 2016, seeking certain orders, some of which were dismissed by the court. The court also made directions regarding the appointment of a single expert witness and the funding of a report.

The primary legal issue before the court was whether to grant the father's application for an adjournment of the fixed hearing date. Related to this, the court considered the dismissal of specific orders sought by the ICL and the appointment of a single expert witness to assess the mental health of the first and second respondents, Mr and Ms Leroux. The court also addressed the funding arrangements for a report, specifically concerning Legal Aid Tasmania's position.

Benjamin J dismissed the father's application for an adjournment. The court appointed Dr L, a psychiatrist, as the single expert witness to assess the psychiatric, psychological, and other mental health issues of Mr and Ms Leroux, with terms of reference as set out in annexure "A". Orders 3, 4, 5, 6, and 7 of the ICL's application filed on 6 April 2016 were dismissed. The ICL was directed to write to the parties within fourteen days to ascertain if Legal Aid Tasmania maintained its view that it was unable to fund a particular report. If funding was not available, the ICL was relieved of the requirement to fund or proceed with that report. The court certified that it was reasonable to engage counsel to attend, pursuant to Rule 19.50 of the Family Law Rules 2004 (Cth).