LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD How to deal with Independent Children's Lawyer (ICL)?

Discussion in 'Family Law Forum' started by Junior, 22 January 2015.

  1. Junior

    Junior Well-Known Member

    Joined:
    13 November 2014
    Messages:
    70
    Likes Received:
    6
    My case is under the Family Law Court's Magellan program.
    I'm a self-litigant with no resources to fund my matter.

    I won my criminal matter last year in the District Court of Queensland with the help of legal aid preferred supplier. I pleaded not guilty in front of the Judge and the Jury, found not guilty and was discharged with no conviction.

    From the start of the Magellan case, an appointed Independent Children's Lawyer ( ICL) from Legal Aid Queensland. With no solicitor to back me up (my legal aid application denied x2), he's so arrogant and bullying. I experience harassment and discrimination from him. He is leaning obviously towards the applicant (my ex) and her solicitor.

    What will I do to complaint this such irresponsible behaviour? He's prejudice with the matter. He is speaking in indirect manner that I caught him being so vindictive.
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi Junior,

    What is your question exactly?

    Going to court without a lawyer does place you at a disadvantage because you are inexperienced in the law, how to address the court and speak to a judge. It is also of benefit having a lawyer to put forth your case in a persuasive and objective manner.

    The reason that you feel discriminated against maybe because of the way you are conducting yourself in court. Remember to always remain calm and respectful. Try to speak objectively and separate yourself from your emotions. In my experience a judge will not act very favourably toward anyone who comes across as aggressive, sarcastic, disrespectful or arrogant.

    On the other hand, the judge may simply decide that your applications had no merit and the just and fair thing to do is to deny them. You must appreciate that the judge is an independent third party and is not just taking note of your interests. He is also taking into account the interests of your ex and children who are likely in a more vulnerable situation.
     

Share This Page

Loading...