Thomas v Franklin
Date
2015
Authors
Fernando, M.
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Family Law - Practice and procedure - Expert witness - Family Report - Requirement for expert to be "independent" - Role and duties of Independent Children's Lawyer (ICL) - Application to exclude Family Report - Application to discharge ICL - Application for costs of ICL - Where trial judge found that author of Family Report had not discharged the duties required of an expert witness - Where a reasonable person may reasonably conclude that the author had prejudged the issues and had not acted independently and impartially - Where author had failed to consider all material information and deal with evidence that detracted from his opinion - Where Family Report excluded from evidence - Where trial judge found that reasonable person would not conclude that ICL had acted with bias - Where trial judge refused to order ICL's costs - Family Law Act 1975, ss 68LA, 117 - Family Law Rules 2004, r 15.59.
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Copyright 2015 Thomson Reuters