COLLINS & RICARDO

In the case of Collins & Ricardo, the applicant, a father, sought leave to proceed with an appeal without the transcript of the proceedings from a lower court. The appeal pertained to a family law matter, specifically procedural orders made by Rees J, which had transferred the proceedings to Cairns. The court was tasked with deciding whether the father should be granted leave to proceed with his appeal without a transcript and whether the procedural orders transferring the case location were justified. Additionally, the court had to consider whether the father's appeal had merit and whether denying leave to appeal would cause substantial injustice to either party.

The court granted the father leave to proceed with his application for appeal without a transcript, acknowledging that this was permissible in certain circumstances. However, upon examining the substantive appeal, the court found no merit in the father's contentions regarding the transfer of the proceedings to Cairns. It was determined that the transfer was procedurally sound and did not result in substantial injustice to either party. Consequently, the court refused the father's application for leave to appeal the procedural orders.

The court's decision hinged on a careful consideration of the procedural rules regarding appeals and the merits of the father's arguments. It found that the procedural orders were appropriately made and that the transfer to Cairns was in the best interests of the case. The court further emphasised that there was no substantial injustice to either party, which solidified its decision to refuse leave to appeal.

In conclusion, the court granted the father's application to proceed with the appeal without a transcript but refused his application for leave to appeal the substantive procedural orders. As a result, the father was ordered to pay the fixed costs of the Independent Children's Lawyer, amounting to $4,356.00 inclusive of GST, to be paid within three months from the date of the orders.