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Legal Aid - Issue with Independent Children's Lawyer (ICL)?

Discussion in 'Family Law Forum' started by Blue Grass, 3 December 2014.

  1. Blue Grass

    Blue Grass Well-Known Member

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    Morning All

    OK I hope I can explain this so it makes sense.

    A legal aid Independent Children's Lawyer ( ICL) was appointed for the trial.

    There are on going issues. One partner has zero money issues and continues to retain a top legal team, consisting of lawyers and a barrister. Other partner has little or no money, had a "cheap" lawyer who was useless and lost the trial, so now this partner has no legal representation.

    Ok that is the back ground. The partner with the money has the ability to go to there lawyer and have them write to the ICL to complain about the smallest thing. Other partner can only get a voucher from legal aid to seek advise from a legal aid lawyer but "because the ICL is legal aid appointed" no legal aid lawyer can either write to the ICL or represent the other partner if this goes back to court, as it is seen as "conflict of interest" Even checked with the Salvos legal people and they also confirmed the above.

    There is a major issue starting to simmer, any advise on what could be done would be appreciated as the partner with no money does not feel capable of going up against such a strong legal team. Mediation wont work, relationships Aus have said it is to high conflict and the party with all the money has refused to attend private mediation unless all there costs are covered knowing the other party could not afford to do that.
     
  2. Rod

    Rod Well-Known Member

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    What is the question?
     
  3. Blue Grass

    Blue Grass Well-Known Member

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    Question I guess is is there anyway of raising concern with the ICL if the person cant afford to pay a lawyer to raise those concerns, and legal aid lawyers cant either due to conflict of interest ?
     
  4. collen

    collen Member

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    Hi there is, I know someone in the same boat, if you go to the ICL protocol and read that, you will see it tells you what you can do when your not able to be represented.
     
  5. Blue Grass

    Blue Grass Well-Known Member

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    Colleen thank you do you have a link to that information ?
     

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