Thomas & Anor and Franklin & Anor

In proceedings before Hogan J, the applicants sought the discharge of the Independent Children’s Lawyer (ICL) on the grounds of apprehended bias, and also sought to exclude a Family Report prepared by Mr C. The ICL, in turn, applied for the applicants to pay costs.

The court was required to determine whether a reasonable person, properly informed of the circumstances, would apprehend that the ICL had formed a view adverse to the applicants' position, not solely based on the evidence presented. Additionally, the court had to consider whether the Family Report writer had complied with their obligations under the Rules, specifically whether there had been a fundamental failure to consider all relevant information, which would warrant the exclusion of the report.

Hogan J reasoned that the special role of an ICL requires them to form an independent view based on the evidence, and that the applicants had not demonstrated that a reasonable person would apprehend bias. Consequently, the application to discharge the ICL was dismissed. Regarding the Family Report, the court found that there had been a fundamental failure by the report writer to consider all relevant information, leading to its exclusion. The ICL's application for costs against the applicants was also dismissed.

The court ordered that no party have leave to rely on the Family Report prepared by Mr C and that the parties be restrained from providing a copy of this report to any person. A further Family Report was to be prepared for use in the proceedings. The application for the discharge of the ICL was dismissed, as was the ICL's application for costs. The applicants' application for leave to provide certain materials to the child's treating medical practitioners was adjourned to the next interim hearing.