Event and Time
Event Description
In a complex family law case, an unrepresented litigant, the father, filed an Application in a Proceeding on 30 December 2022, alleging perjury against Ms E, an Independent Children’s Lawyer (ICL), claiming she made a false declaration on a Family Court form. The case arose amid emotional distress related to parenting arrangements.
Application and Claims
- Claimant: The father (unrepresented litigant) filed allegations against Ms E for perjury.
- Claims:
- Accusation of making a false declaration. - Request for referral of Ms E to The Bar Association and Legal Services Commission.
Judicial Decisions
- The court dismissed the father's application regarding the alleged perjury on 28 February 2023.
- The Independent Children’s Lawyer was granted leave to share the family report with the respondent mother’s treating psychiatrist and the children’s counselling team.
- The court ordered that future compliance reports regarding the mother’s situation be presented by the next hearing set for 6 April 2023.
Dispute Points and Legal Basis
Dispute Points
- Claimant’s Arguments:
- Alleged that Ms E committed perjury by failing to serve subpoenas correctly. - Requested serious penalties including referral to legal oversight bodies.
- Respondent’s Arguments:
- Ms E acknowledged the procedural errors but characterized them as administrative mistakes rather than intentional acts. - Provided an unreserved apology and affirmed that she acted under an honest misunderstanding.