Would the answer be different when considering private law proceedings as against public law proceedings?
The vulnerability of the child is the key. At the point at which party status is granted the legal representation should go out of house to an accredited legal representative. Equality of arms dictates that the child’s legal representation be no less independent of the State than any other parties in the case. The confidential relationship between the solicitor and client must not be compromised in any way. There must be: – continuity and consistency of case management by the same person; – continuity of relationship with the child; – continuity of representation, including representation at court.. Question 3: Should in-house lawyers direct the caseworker enquiry? Answer: No. The in-house lawyer will provide advice to the Children’s Court Advisor until such stage, if any, when an external lawyer is appointed. It will not be the role of the in-house lawyer to direct the enquiry. The remit of the enquiry must remain within the professional responsibility of the Advisor. Question 4: Shou
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- Would the answer be different when considering private law proceedings as against public law proceedings?
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