TWN and PAQ

The Full Court of the Family Court of Australia considered the dispute between TWN and PAQ concerning parenting orders. The primary issue before the Court was whether the Independent Children's Lawyer (ICL) had a duty to disclose to the parents certain information obtained during their independent assessment of the children. The parents sought access to the ICL's notes and records, arguing that this information was relevant to their parenting applications and that the ICL had a duty to disclose it.

The Court was required to determine the scope of the ICL's duty of disclosure to parents in parenting proceedings. Specifically, it needed to consider whether the ICL's role as an independent assessor of the children's best interests extended to providing parents with access to all information gathered during that assessment, or if there were limitations on such disclosure. The Court also had to consider the potential impact of disclosure on the children's welfare and the effectiveness of the ICL's role.

The Full Court held that the ICL does not have an unfettered duty to disclose all information obtained during an independent assessment to the parents. While the ICL's primary duty is to the court and to represent the children's best interests, this does not automatically translate into a right for parents to access all of the ICL's notes and records. The Court emphasised that the ICL's role is to provide an independent assessment and recommendations to the court, and that the disclosure of certain information could prejudice the children or compromise the ICL's ability to fulfil their role effectively. The Court indicated that disclosure should be considered on a case-by-case basis, balancing the parents' right to natural justice with the paramount consideration of the children's welfare.

The appeal was dismissed, and the orders of the primary judge were affirmed.