Hillman & Reeves

[2023] FedCFamC1A 152

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1) APPELLATE JURISDICTION

Hillman & Reeves [2023] FedCFamC1A 152   

Appeal from:	Reeves & Hillman [2023] FedCFamC1F 480
Appeal number(s):	NAA 173 of 2023
File number(s):	BRC 1750 of 2016
Judgment of:	ALDRIDGE J
Date of judgment:	4 September 2023
Catchwords:	FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Where the appellant seeks the release of the audio of the proceedings before the primary judge or that the Court listen to the entirety of the transcript in order to understand his submissions on appeal – Where the appellant contends that the primary judge failed to him procedural fairness – Order made for the appellant listen to the audio in the registry and identify the relevant parts of the transcript – Application in an Appeal otherwise dismissed.
Number of paragraphs:	8
Date of hearing:	4 September 2023
Place:	Sydney
The Appellant:	Self-represented litigant
Solicitor for the Respondent:	QBM Lawyers

ORDERS

NAA 173 of 2023
BRC 1750 of 2016

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MR HILLMAN

Applicant

AND:

MR REEVES

Respondent

ORDER MADE BY:	ALDRIDGE J
DATE OF ORDER:	4 SEPTEMBER 2023

THE COURT ORDERS THAT:

1.The registry make available to the appellant for listening, in the registry, the audio of the proceedings before the primary judge.

2.The appellant is to file a document on or before 22 September 2023 identifying those parts of the transcript on which he relies.

3.The respondent may make similar arrangements to listen to the audio of the proceedings before or after 22 September 2023 as they see fit.

4.The Application in an Appeal filed on 9 August 2023 is otherwise dismissed.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Hillman & Reeves has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

ALDRIDGE J:

1. This is an Application in an Appeal filed on 9 August 2023 for the release of the audio hearing of the proceedings before the primary judge.

2. There are many policy reasons why the court does not release the audio tape of hearings to litigants. The applicant accepts that to be an appropriate course and his alternative submission is that the Court listen to the entirety of the transcript in order to understand his submissions on the appeal.

3. Ground 3 of the Amended Notice of Appeal filed on 9 August 2023 asserts that the primary judge failed to afford the appellant procedural fairness by not allowing the appellant to carry out the cross examination of Mr Reeves, by often interrupting without providing a proper reason or explanation and by not assisting the appellant in any manner excepted by a court.

4. There is no appeal ground that alleges his Honour’s tone and demeanour was such as to either indicate apprehended bias or a denial of procedural fairness to the appellant. Nonetheless, both those submissions are made in the appellant’s Summary of Argument filed on 21 August 2023. It will be a matter for the Full Court hearing in the appeal whether it will consider those submissions in the light of what is contained in the Amended Notice of Appeal and that is not a matter for today.

5. The question is whether or not the Court would be assisted by listening to the whole of the transcript. The proceedings are relatively short. The transcript only covers 38 pages. However, the difficulty is that it is for the appellant to identify those parts of the proceedings where he asserts that the primary judge behaved in such a way as to lead the appeal being allowed.

6. It is not for the Court to listen to the audio and to try and guess what parts of it are relied on by the appellant.

7. The hearing of the appeal will therefore be greatly assisted by the appellant identifying those parts of the transcript by reference to time preferably, or by page number that he says support his submissions.

8. Accordingly, I direct that:

   (1)The registry make available to the appellant for listening, in the registry, the audio of the proceedings before the primary judge.

   (2)The appellant is to file a document on or before 22 September 2023 identifying those parts of the transcript on which he relies.

   (3)The respondent may make similar arrangements to listen to the audio of the proceedings before or after 22 September 2023 as they see fit.

   (4)The Application in an Appeal filed on 9 August 2023 is otherwise dismissed.

I certify that the preceding eight (8) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Aldridge.

Associate:

Dated:       8 September 2023