Wettons & Fulwood

The father sought a review of a Judicial Registrar's order dismissing his application to remove or dismiss the Independent Children's Lawyer (ICL) in proceedings before Dawe J. The father's primary contention was that the ICL's alleged delay in obtaining a family report contravened court orders, and he further alleged bias, violation of his human and civil rights, improper influence over a single expert, and an impediment to his ability to obtain legal advice.

The court was required to determine whether the father had established sufficient grounds for the dismissal of the ICL. Specifically, it needed to consider the threshold for removing an ICL and whether the allegations made by the father met that threshold. The court also had to assess the evidence presented in support of each of the father's claims, including allegations of bias, rights violations, and interference with legal representation.

Dawe J reasoned that courts are generally reluctant to dismiss an ICL based solely on the complaints of a party involved in the proceedings. The court found no evidence to support the assertion that the father's human or civil rights had been violated. Furthermore, the court concluded that the father had not demonstrated that the ICL was biased against him or had otherwise behaved improperly. The court noted that the opinion of the single expert was a matter to be tested at trial and did not, in itself, provide grounds for dismissing the ICL. Consequently, the court found no basis to overturn the Judicial Registrar's decision.

The Review Application filed by the father was dismissed.