KOCAK & FAHRI

In the matter of *KOCAK & FAHRI*, the Federal Circuit and Family Court of Australia considered applications by the mother concerning parenting orders and the representation of her legal practitioner. The mother sought to discharge interim parenting orders, arguing an unfair focus on her mental health, and also sought the removal of the Independent Children’s Lawyer (ICL), alleging bias. Additionally, the father sought to restrain the mother's solicitor from acting due to a conflict of interest.

The court was required to determine whether the existing parenting arrangements, which involved the child living with the father and having supervised time with the mother, should be varied. It also had to consider whether the ICL had acted contrary to legislation or demonstrated palpable bias, and whether the mother's solicitor had a conflict of interest that prejudiced her case and potentially impacted the child's welfare.

Macmillan J found that the mother had failed to comply with consent orders requiring her to attend an independent psychologist for a mental health review, and that there was insufficient evidence to vary the current parenting arrangements. Consequently, the mother's application to discharge the interim parenting orders was dismissed. The court also found that the mother had not established that the ICL had acted improperly or contrary to the legislation, and her application for the ICL's removal was dismissed. Regarding the solicitor's representation, the court accepted that the mother's solicitor acknowledged a conflict of interest and demonstrated a lack of objectivity, posing a risk of prejudice to the mother's case and potentially impacting the child's welfare.

Accordingly, the mother's application was dismissed, save for any applications for costs. Ms Serene Teffaha and the firm ‘Advocate Me’ were permanently restrained from acting for the mother in these proceedings. All applications for costs were reserved for judgment in Chambers, with parties to file written submissions by specified dates.