South and South

In the matter of *South and South*, heard before Young J, the proceedings concerned an application by the husband to discharge the appointment of an Independent Children’s Lawyer (ICL). The wife was also a party to the proceedings.

The central legal issue before the Court was whether the appointment of the ICL should be discharged. This required the Court to consider the circumstances under which an ICL's appointment could be terminated and the appropriate evidentiary basis for such an application.

Young J granted leave for the husband to file and rely upon an affidavit sworn on the day of the hearing. The Court then discharged the appointment of the ICL, with the reservation that the husband could apply for its reinstatement, provided he filed and served proper material on all parties. The allocated hearing date was vacated, and the ex tempore reasons for judgment were to be transcribed and made available to the ICL and the Registrar.