Fortnum and Fortnum (No. 3)

Case

[2007] FamCA 1647

21 August 2007


Details
AGLC Case Decision Date
Fortnum and Fortnum (No. 3) [2007] FamCA 1647 [2007] FamCA 1647 21 August 2007

CaseChat Overview and Summary

The Full Court of the Family Court of Australia, comprising Bryant CJ, Kay and Warnick JJ, considered an appeal concerning family law. The dispute involved the appellant father and the respondent mother, with the Independent Children's Lawyer also participating. The specific nature of the underlying dispute is not detailed in the provided text, but the proceedings relate to an appeal from a decision of Justice Cohen.

The primary legal issues before the Full Court concerned the provision of evidence and transcripts to the appellant father for the purposes of the appeal. The court was required to determine how the appellant would access the evidence previously presented, and under what conditions the court would bear the cost of any relevant transcripts he wished to obtain.

The court ordered that each party and the court itself be provided with a CD-ROM copy of the evidence and submissions from the hearing before Justice Cohen. The appellant father was to be given facilities to listen to this CD-ROM if he requested them. Furthermore, if the appellant sought for the court to fund any relevant transcript, he was required to file an application within 28 days of receiving the CD-ROM. This application, supported by an affidavit, needed to specify the exact passages of transcript sought, explain their relevance to the grounds of appeal, and provide reasons for the request. The matter was then to be listed before Justice Boland for the determination of any such application and for re-listing before the Full Court for the hearing of the appeal. The costs of each party were reserved.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Monie v the Commonwealth [2005] NSWCA 25