Jarrah and Fadel

In the Family Court of Australia, Mr Jarrah (the applicant father) sought to discharge Ms Karen Haga as the Independent Children’s Lawyer (ICL) in proceedings against Ms Fadel (the respondent mother). The father alleged that the ICL had co-operated with "criminal people," was aware of alleged assaults on the children by the mother, and had refused him contact with the children.

The court was required to determine whether the allegations made by the father constituted sufficient grounds for the discharge of the ICL. Specifically, the court had to consider if there was evidence of actual bias or impartiality on the part of the ICL, or if the father's dissatisfaction with the ICL's conduct and opinions was a valid reason for her removal.

Collier J dismissed the father's application, finding no evidence of actual bias or impartiality on the part of the ICL. The court applied the principles established in *Lloyd and Lloyd and Child Representative* and *T and L*, which state that courts should be slow to discharge an ICL merely because a party disagrees with their views or perceives bias, without substantiating evidence of actual bias. The court noted that the father's disagreement with the ICL's advice regarding contact, and his assertion that she should have conducted a "criminal type investigation," did not meet the threshold for discharge.

The court ordered that the father's application be dismissed. The matter was adjourned for mention on 7 June 2012, with provisions for parties to attend by telephone. The court also requested expedition from the Legal Aid Review Committee regarding the father's legal aid appeal and granted leave for the ICL and the mother's legal representative to inspect material from the Department of Human Services, with specific rights to redact information. Costs for the ICL and the mother were reserved.