Symes and Glover

Symes and Glover involved a dispute between the mother and the father of a child concerning parenting arrangements. The matter was heard in the Federal Circuit Court of Australia. The central issue was the mother's attempt to rely on an affidavit sworn on 15 June 2011, which the father contested. The court was required to determine whether the mother could use this affidavit and if the Independent Children's Lawyer could continue to represent the mother given her prior involvement in the case.

The Federal Circuit Court found that the mother's affidavit could not be relied upon. The court determined that the affidavit had been withdrawn and the mother was not permitted to use it in the proceedings. Furthermore, the court ruled that the Independent Children's Lawyer, who had represented the mother in earlier proceedings, must withdraw from the case. This decision was based on the need to avoid any conflict of interest. Consequently, the hearing had to be vacated, and the proceedings were adjourned to allow for a new hearing date to be set by the parties' legal representatives and the Independent Children's Lawyer.

In light of these findings, the court struck out the mother's affidavit sworn on 15 June 2011 and mandated that she file and serve any further affidavit evidence within 28 days. The court also instructed that the proceedings be adjourned to a date to be fixed by the parties and the Independent Children's Lawyer approaching the Federal Magistrate's chambers. Additionally, the court directed that its reasons be transcribed and a copy sent to the Legal Aid Commission of New South Wales.