Streeton & Richards

In *Streeton & Richards*, heard in the Family Court of Australia at Newcastle, Mullane J considered an application by the father for the removal of the Independent Children's Lawyer and a related application for disclosure of counselling records. The dispute concerned three young sons and the high level of conflict between their parents, which had significantly impacted the children. The father sought to have the Independent Children's Lawyer removed, alleging various failures in her conduct, and also opposed the disclosure of counselling records to the court expert.

The court was required to determine whether the counselling records, made confidential under section 10D of the *Family Law Act 1975* (Cth), should be disclosed to a court-appointed psychiatrist for the purpose of preparing a report. Additionally, the court had to assess the father's numerous grounds for removing the Independent Children's Lawyer, which included allegations of delay, failure to attend court, improper interviewing of the children, lack of communication, and misrepresentation. Finally, the court considered the mother's application for costs against the father.

Mullane J reasoned that while communications made in family counselling are generally inadmissible under section 10E of the *Family Law Act*, section 10D(3) permits disclosure with consent or by court order. Given the extreme parental conflict and its detrimental effect on the children, the court found that disclosure of the counselling records to the expert was critical for the report and in the children's best interests, even if it might eventually be accessible to the parents. The court dismissed the father's application to remove the Independent Children's Lawyer, finding no merit in any of the grounds raised, and noted that some of the father's allegations were demonstrably untrue. The court also ordered the father to pay the mother's costs, citing his wholly unsuccessful application, the lack of merit in his claims, and his conduct in presenting false evidence.

Consequently, the court ordered that Relationships Australia consent to disclosing the counselling records to the court expert. It also made orders restraining both parents from discussing proceedings with the children or denigrating the other parent in their presence. The father's application was dismissed, and he was ordered to pay $543 towards the mother's costs.