FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Armet v CFC Consolidated Pty Ltd (No 2) [2022] FedCFamC2G 648
File number(s): PEG 52 of 2021 Judgment of: JUDGE LUCEV Date of judgment: 12 August 2022 Catchwords: PRACTICE AND PROCEDURE – Transcript – where request for provision of hard copy transcript free of charge – considerations in relation to provision of transcript free of charge – whether in the interests of justice or the administration of justice that litigant be provided with a copy of the transcript – nature of and complexity of issues – whether litigant is impecunious – right to inspect and read transcript on a computer in the Registry
INDUSTRIAL LAW – Fair Work Act 2009 (Cth) – general protections application
Legislation: Fair Work Act 2009 (Cth)
Federal Circuit and Family Court of Australia Act 2021 (Cth) s 8
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 2.11, 12.01
Federal Court Rules 2011 (Cth) r 6.11
Cases cited: Armet v CFC Consolidated Pty Ltd [2022] FedCFamC2G 467
BHP Billiton Ltd v Schultz [2004] HCA 61; (2004) 221 CLR 400; (2004) 79 ALJR 348; (2004) 211 ALR 523
Chan v Harris (No 3) [2011] FCA 341
Darley and Darley [2019] FamCAFC 238
Favelle Mort Ltd v Murray [1976] HCA 13; (1976) 133 CLR 580; (1976) 50 ALJR 509; (1976) 8 ALR 649
Forbes v Bream [2008] FamCAFC 189; (2008) 222 FLR 96
Genovese v BGC Construction Pty Ltd [2006] FMCA 1507
Huang v University of New South Wales & Anor [2008] FMCA 1578
Karsten v Federal Republic of Germany [2008] FCA 331
Minister for Immigration & Multicultural & Indigenous Affairs v SZANS [2005] FCAFC 41; (2005) 141 FCR 586; (2005) 215 ALR 733; (2005) 86 ALD 583
Naroth v Innovative Hair Loss Solutions Pty Ltd & Ors (No. 4) [2013] FCCA 133; (2013) 275 FLR 475
O’Donoghue v Administrative Appeals Tribunal & Ors [2012] FMCA 1191
O’Donoghue v Administrative Appeals Tribunal & Ors [2012] FMCA 964
See v Granich & Associates [2008] FMCA 27
SZHTI v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 702
SZQRU v Minister for Immigration and Citizenship [2012] FCA 1234
Division: Division 2 General Federal Law Number of paragraphs: 48 Date of hearing: 10 June 2022 Place: Perth Applicant: In person (by telephone) Counsel for the Respondent: Mr T Barrie Solicitor for the Respondent: Barry.Nilsson.Lawyers ORDERS
PEG 52 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: STEPHANE ARMET
Applicant
AND: CFC CONSOLIDATED PTY LTD
Respondent
ORDER MADE BY:
JUDGE LUCEV
DATE OF ORDER:
12 AUGUST 2022
THE COURT ORDERS THAT:
1.The applicant’s oral application made on 10 June 2022 for the provision to him of a hard copy of the transcript of proceedings at the Court’s expense in this matter be dismissed.
2.The applicant have leave:
(a)to inspect an electronic copy of the transcript of any available transcript…
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- Case
- [2022] FedCFamC2G 648
- Decision Date
CaseChat Overview and Summary
The Court considered the Impecunious Litigants Policy, which stipulates that a litigant must be genuinely unable to afford the transcript, and it must be in the interests of justice to provide the transcript at no cost. The Court noted that no other party had paid for the transcript, and thus, if the Court were to provide the transcript, it would need to bear the cost. The Court also considered the nature and complexity of the issues in the case and whether the transcript would aid in resolving those issues. Given that the case primarily involved procedural issues and that substantive issues had not yet been substantively addressed, the Court concluded that providing the transcript would not significantly aid Mr. Armet in the substantive aspects of his case. Consequently, the Court denied the application for a free transcript.
No specific orders were made in this decision beyond the denial of the application for a free transcript. The Court indicated that any costs associated with the application would be reserved for determination at the conclusion of the proceedings.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
It is apparent from the cases cited above that it is not the case that any of the federal courts have ever routinely provided the transcript of proceedings to parties free of charge. It would appear that, as with the information available on this Court's web site, that the federal courts do not provide litigants with a copy of any transcript at the Court's expense, but do provide for litigants to be permitted to peruse (or inspect, but not copy), any available transcript in the Registry of the respective courts where the transcript has already been ordered by the court or one of the parties, save perhaps where impecunious litigants require transcript for the purposes of an appeal (which is not this case).Whether in the interests of justice, or the administration of justice, for the Transcript to be provided It is necessary to consider the interests of justice: as to which see BHP Billiton Ltd v Schultz [2004] HCA 61; (2004) 221 CLR 400; (2004) 79 ALJR 348; (2004) 211 ALR 523, and the interests of the administration of justice, the latter being broader than the interests of justice by reason of its administrative aspect: Genovese v BGC Construction Pty Ltd [2006] FMCA 1507 at [28] per Lucev FM. At present, the matter has been the subject of a first court date, two directions hearings, and the hearing of an application in a proceeding for the bringing forward of the hearing date, which application in a proceeding was dismissed: see Armet (No 1). The issues dealt with have been essentially procedural, and are reflected in the orders made by the Court on each of those occasions, as set out above. The Transcript which is available indicates little. That is because nothing of any substance, substantively, has been determined thus far in these proceedings. And whilst the Court has taken the time in Armet (No 1) (and here) to deal more fulsomely than would ordinarily be the case with such procedural issues, it does not alter the fact that provision of the Transcript is unlikely to aid Mr Armet in relation to the substantive issues in these proceedings. Indeed, the substantive issues in the proceedings have thus far not been dealt with, and only briefly adverted, and then only in part, to in Armet (No 1) at [5] per Judge Lucev (cited at [12] above). There can be no doubt that numerous issues have been raised by Mr Armet in either his pleadings, which have sometimes been “amended” under cover of an affidavit, and the five affidavits and annexures (totalling 388 pages) already filed by him, but save as indicated in Armet (No 1) at [5] per Judge Lucev, and save for referring - albeit ultimately unsuccessfully - Mr Armet for pro bono legal assistance in the formulation of an amended statement of claim because of the numerous issues raised by him, it remains the case that those issues raised by Mr Armet have not been discussed in any substantive way in the presently available Transcript. Whilst it is evident that English is not Mr Armet’s first language he professes to be “fluent [in] both spoken and written” English: Affidavit of Stephane Armet, sworn 8 April 2021, page 4 of the Annexures. Mr Armet has not requested an interpreter be used in the proceedings.