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NSW Family Court - Is Other Party's Family Lawyer Obligated to Respond?

Discussion in 'Family Law Forum' started by ForATime, 15 March 2016.

  1. ForATime

    ForATime Well-Known Member

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    Does the other party's family lawyer have an obligation under some code to be responsive to my family lawyer or is it simply that they do not have to respond until family court?
     
  2. Sophea

    Sophea Well-Known Member

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    It really depends on the circumstances.
     
  3. AllForHer

    AllForHer Well-Known Member

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    Generally speaking, lawyers are not obliged to respond to correspondence from an opposing party unless instructed by their client to do so.
     
  4. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

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    What about if they're an ICL ? As a SRL, I personally find it infuriating to send correspondence to the ICL with a question or seeking clarification on an issue, etc. only to get eventual reply few days later whereby their main concern is whether I've also sent other parties lawyer a copy of the same.

    They often end with " regarding XYZ issue(s) you mentioned, may we suggest for you to seek independent legal advice. "
     
  5. AllForHer

    AllForHer Well-Known Member

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    Well, the ICL isn't a source of legal advice for you. They're appointed to represent the children's best interests, which means they review all of the documents for the entire case, and give its recommendation to the court accordingly. They're not obligated to respond to questions either party has, just the same as your ex's lawyer isn't obligated to respond.

    If you're seeking help as an SRL, the Family Law Registry and Legal Aid can help. Legal Aid will offer up to three appointments for free on a single matter, so write down all of your questions before your consultation.
     
  6. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

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    Wouldn't it create a conflict of interest seeing as ICL & ex's lawyer are Legal aid funded ?
     
  7. sammy01

    sammy01 Well-Known Member

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    Nope they are both funded by the tax payer - but they don't represent the tax payer. They represent their clients.
     

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