Meet Brian Quinn, Independent Children’s Lawyer
What do you, as an Independent Children’s Lawyer, do?
Once a matter is allocated to an Independent Children’s Lawyer, the role is largely procedural and evidentiary at the outset. This usually involves contacting the parties or their legal representatives, reviewing the material filed in the proceedings, assisting in gathering relevant evidence, meeting with the children where appropriate, and helping to progress the matter.
In most cases, the matter is already before the Court. The question then becomes whether the matter will continue along the litigation pathway, or whether there are opportunities to assist the parties to resolve the dispute through mediation or other appropriate processes. In some matters, the involvement of an Independent Children’s Lawyer can assist the parties to narrow the issues or resolve the matter entirely.
Why is this role important?
The role is important because, in parenting proceedings, the focus should always be on the best interests of the children. However, when parents are in significant conflict, the children’s interests can become lost. The dispute can become prolonged, entrenched and highly adversarial, often involving additional issues such as mental health concerns, drug use, family violence allegations, poor communication and fixed attitudes between the parties. An Independent Children’s Lawyer can assist by refocusing the parties and the proceedings on the children, rather than on the conflict between the adults.
Why have you chosen to be an ICL?
I initially chose to become an Independent Children’s Lawyer because, at the time, there appeared to be only one or two others practising in that role on the Central Coast. I considered that I may have something useful to contribute in that area.
Can you give an example from your own personal experience of the impact ICLs can have?
I have recently completed another Independent Children’s Lawyer trial, which resolved on the first day. That matter had previously been listed for a four-day trial last year and was adjourned. It was then listed again this year for a three-day trial. I would like to think that the involvement of the Independent Children’s Lawyer assisted in resolving the matter early and avoiding the need for a lengthy hearing.
I have also had three or four other ICL matters this year that were listed for trial but resolved on the first day. Again, I consider that the input of the Independent Children’s Lawyer was likely an important factor in helping those matters resolve. From a funding perspective, I consider that Independent Children’s Lawyers can ultimately save public resources by assisting parties to resolve matters before trial, or at an early stage of trial, rather than requiring matters to run for several days.
What are the biggest challenges you think currently face ICLs in Australia?
There appears to be an increasing tendency for Independent Children’s Lawyers to be treated as a “football” or “punching bag” in some proceedings, including by some private practitioners who may see the role as a hindrance rather than a help. That is unfortunate. The amount of work required of an Independent Children’s Lawyer is significant, and the funding is insufficient when measured against the level of work involved. Like many attempts to reduce costs by prescribing or limiting how matters should progress, reducing the role or funding of Independent Children’s Lawyers may ultimately have the opposite effect.
If Independent Children’s Lawyers are removed or their involvement is reduced in matters that otherwise meet the criteria for appointment, the likely consequence is that more trials will run and run for longer. Matters that may have resolved before trial, or on day one, may instead proceed for several days. That will not only increase the burden on the Court and public resources but, more importantly, will disadvantage the children involved. In my view, any reduction in funding for Independent Children’s Lawyers is likely to have a reverse effect. Rather than saving money, it may increase the cost of litigation and reduce the prospects of early resolution in complex parenting matters.
Summary
From a personal perspective, the role of the Independent Children’s Lawyer remains an important one. While it is demanding and often underfunded, the role can assist in reducing conflict, narrowing issues, resolving matters earlier, and keeping the focus where it should be — on the best interests of the children.
Last Updated on 04/08/2026