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The right to be legally represented for the purposes of preparing the section 62G report

An Appeal against an Order that denied legal representation when being interviewed by a Family Consultant for a section 62G report

I was reading through the Family Courts (Appeal) Judgements the other day and stumbled upon this little Gem.

http://www.familycourt.gov.au/wps/wcm/resources/file/eb265a04213f1b2/2010_FamCAFC_80.pdf

In essence this appeal is about the right to be represented whilst at an interview with a Family Consultant for the purposes of preparing a section 62G Report.

If a Magistrate orders that a legal representative is not to be present, are you being denied natural justice.

Here is an extract from that appeal.

Whilst the proceedings are strictly personal to the parties, upon reflection, the
potential implications of upholding the Tryons' complaint are significant. The
status of existing family reports, and the course of preparation of future family
reports, are two obvious areas of potential significance. There may be
implications for the Commonwealth Government in terms of possible
legislative amendment or clarification. In the light of these concerns, the Court
has reluctantly concluded that the broader interests of justice would potentially
be better served if, rather than proceed to judgment in reliance upon the
submissions presently before the Court, a brief opportunity were to be extended
to the Attorney General to intervene in the proceedings, and make submissions.



Food for thought

If the appeal is upheld, would all past section 62G reports written by family consultants be deemed invalid.
Good Finding IsntLifeGrand.  Very interesting.  This is putting Family Report writers on notice.  We need to keep track of this.

The Family Report writer in my case only asked me 2 questions (which I stated to the Magistrate under oath) as if that's a valid assessment.

She admitted under oath that she didn't even do a mental state examination a fundamental part of an assessment.

Then she claimed to have read the affidavits and subpoenaed material yet under oath admitted to not reading x and y.

She claimed to have taken notes at the interview (I know too well she did not) but when asked 5 times under oath if she had her notes there said "No" "I don't have notes or I didn't make any".  When she started to break down under oath having admitted her treatment of me was unfair the Federal Magistrate rescued her intervening saying "it's alright, it's alright" and shut me down.

I had someone present at the family interview who validated only 2 questions were asked of me and who was waiting for the assessment to actually begin, but did not, and then we were out the door on our way to a coffee shop.

I truly feel sorry for anyone being assigned this Family Report writer in their case.  I have had her investigated twice by the HCCC, and now the APS Australian Psychological Society want her to go before a Legal Tribunal.  She was caught out lying to the HCCC!

The implications and outcome of the above case will certainly be interesting.

First they ignore you, then they laugh at you, then they fight you, then you win.  M K Gandhi
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