Sawer and Hugh (No. 3)

This matter came before Bennett J concerning an application by the father to remove the Independent Children's Lawyer (ICL) for the children of the marriage. The father alleged bias and "systems abuse" by the ICL, citing statements made by the ICL and a perceived focus on negative aspects of the father without comparable scrutiny of the mother or maternal grandmother. The father also claimed the ICL had misled the court by taking information out of context and pressuring teachers to sign affidavits.

The court was required to determine whether the father had established sufficient grounds to remove the ICL. This involved considering the allegations of bias, the concept of "systems abuse" as defined in the relevant guidelines, and the father's claims regarding the ICL's interactions with school personnel and the evidence presented. The court also had to assess the weight to be given to the father's assertions, particularly in light of the lack of supporting affidavits from certain individuals he referenced.

Bennett J struck out the father's application for the removal of the ICL, with a right of reinstatement upon 28 days' notice. The court also made various directions regarding the copying and distribution of exhibits, the location of further hearings, and the conduct of oral applications for costs by the ICL and the wife, with decisions on these costs reserved. Further directions were given concerning the final determination of an application for variation of parenting orders, the filing of affidavit material by parties directed to comply with injunctions, and the recommencement of an application by the paternal grandparents for time with the children. The court also abridged times for the issuance of subpoenas and directed that audio or visual recordings of certain incidents be made available at the Hobart Registry.