Ivins v James Cook University

[2001] QCA 284

[2001] QCA 284

COURT OF APPEAL

McMURDO P

Appeal No 1350 of 2001

CHRISTINE JOY IVINS                 Appellant (Applicant)

and

JAMES COOK UNIVERSITY             Respondent (Respondent)

BRISBANE

..DATE 19/07/2001

ORDER

THE PRESIDENT:   This appeal was filed on 9 February 2001 by the appellant who represents herself.  The appellant has refused to settle an index for the record book.  The index was due on 20 April and the record book was due on 4 May and
an application seeking exemption from payment of record book fees was refused by the Registrar, Mr Toogood, on 15 May 2001.  The Deputy Registrar, Appeals, has directed the appellant to engage in discussions with the respondent regarding settlement of the record book index and preparation of the record book.

She has been reminded of her responsibilities as an appellant in relation to the preparation of the record book by the Registry, but has continually insisted there is nothing further for her to provide to the Court.  She has presently filed affidavit material which annexes a copy of the order and the judgment of the primary judge, but other material and the transcript of hearing has not been provided to the Court.  She said that she was under the misapprehension that no transcript of the hearing was available, but Mr Jackson who appears for the respondent has indicated to me that a transcript is available.

...

THE PRESIDENT:  The appellant has indicated her reluctance to further this matter because of the cost of it, saying that she was forced to bring this appeal because of Registry error. She does not go so far as to say, however, that she does not wish to pursue this appeal. 

In these circumstances in order to pursue the appeal I make the following directions.  I direct that a record book index be provided containing the following matters:  the originating application before the primary judge;  all affidavit material that was placed before the primary judge by both parties;  the transcript of proceedings before the primary judge;  the judgment of the primary judge and the order arising from that judgment, and a copy of the notice of appeal.  And that index is to be filed within 14 days.  The appeal record book is to be filed and served within 28 days.

If these directions are not complied with the matter is to be listed as soon as convenient before a Court of Appeal for the appellant to show cause why this appeal should not be struck out for want of prosecution.

I order the appellant pay the respondent's costs of and incidental to today's hearing.

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