CRABMAN & CRABMAN

The father, CRABMAN, filed an application in an appeal against a decision made by the Family Court. The appeal primarily concerns issues of apprehended bias and procedural unfairness raised by the father. The mother, CRABMAN, contested the father's application for the provision of a transcript and for leave to proceed with the appeal without a transcript. The Full Court was required to decide whether the father should be granted an extension to provide the transcript and if the audio of the trial judge's ex tempore reasons should be made available to the parties.

The court recognised that a transcript is essential for the Full Court to properly assess the father's grounds of appeal. The father had acknowledged that he could afford the cost of the transcript if given additional time. Consequently, the court extended the time for the father to provide the transcript. Furthermore, the court considered the father's contention that the trial judge omitted a paragraph from the settled reasons for judgment. The mother conceded this omission, leading the court to order the Appeal Registrar to obtain and make available the audio of the trial judge's ex tempore reasons for the parties to hear.

The Full Court dismissed the father's application in an appeal, except for the orders extending the time for providing the transcript and making the audio of the trial judge's ex tempore reasons available. No order was made as to the costs of the application in an appeal.

The orders made on 6 August 2019 include extending the time for the father to provide the transcript, obtaining and making available the audio of the trial judge's ex tempore reasons, dismissing the father's application in an appeal, and making no order as to costs. The form of the order is subject to the entry of the order in the Court's records.