Meet Kasey Stewart, Independent Children’s Lawyer
What do you, as an Independent Children’s Lawyer, do?
I am an advocate for the best interests of the children. I hear from children directly, I am able to consider the evidence from an objective and child focussed position, I ensure that relevant subpoena are issued and inspected to ensure that court processes are implemented in a proper and efficient manner.
Why is this role important?
Generally speaking an ICL is appointed when the Court is dealing with the most vulnerable young people in our community. It is critical that the right decisions are made for these people. Best outcomes are achieved when children’s views are considered in a serious way, and with an understanding that children’s views change.
During litigation children are asked to share their views with report writers, if their views change, then the only avenue for the Court to be informed of that change is through the ICL. We are often asked by the Court to explain outcomes to children.
Why have you chosen to be an ICL?
I became an ICL as I could see that ICLs undertook very important work. I find the work highly rewarding but very challenging. I chose to become an ICL as I wanted to improve the legal outcomes of vulnerable children.
Can you give an example from your own personal experience of the impact ICLs can have?
I had a case where the parents both had significant disabilities and mental health issues, while they both cared deeply for the child, there was identified risk in both households. I attend a mediation with the parents and provide them with feedback from their child about what made him feel safe and unsafe.
They were acrimonious and litigious. During that mediation, the parents realised that rather than weaponising the other parents bad days/shortcomings, that they needed to pick up the slack for one another. It was clear they were both going to have hard days ahead. Helping that family find a new way to focus on their child and exit the Court system was so rewarding and it changed that boy's life.
What are the biggest challenges you think currently face ICLs in Australia?
Funding. Legal Aid pays me around a third of my usual hourly rate to undertake the work, and there is a cap to the number of hours of work that they will pay for. I exceed the capped hours of work in every matter I have ever been involved in. So much of the work I do as an ICL I undertake with no remuneration.
Last Updated on 02/06/2026