2.4.1. Independent Children’s Lawyer required to inform Legal Aid NSW where there is no utility in continuing to act

The Independent Children’s Lawyer (ICL) must advise Legal Aid NSW where there is no utility in continuing to act in court proceedings.

Final hearing
Where the ICL appeared in the initial stages of proceedings and seeks funding for the final hearing, Legal Aid NSW must be satisfied there is a substantial issue in dispute that requires the continued input of the ICL.

Before funding is provided for a final hearing, the ICL is required to certify that ICL input is required for the final hearing.

Note: Where the ICL submits an extension request for the final hearing, they must certify that funding for final hearing satisfies the Legal Aid NSW Guideline 2.4.1.

2.4.2 Independent Children’s Lawyer is required to seek costs

The Independent Children’s Lawyer is required, where appropriate, to seek a costs order from the court for the cost and expense of providing the Independent Children’s Lawyer and the expert report, unless:

• the ICL was funded under Family Law Policy 5.15.1 Special Medical Procedure,
• all the other parties are legally aided at the time the costs order is sought, or
• the ICL has approval from Legal Aid NSW not to seek a costs order.

Date Last Published: 09/01/2023