Macarthur & Macarthur (No 2) - [2024] FedCFamC1A 8

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Macarthur & Macarthur (No 2) [2024] FedCFamC1A 8

Appeal from: Macarthur & Macarthur (No 5) [2023] FedCFamC1F 964

Appeal number(s): NAA 339 of 2023

File number(s): BRC 6154 of 2020

Judgment of: ALDRIDGE J

Date of judgment: 7 February 2024

Catchwords: FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Provision of transcript – Applicant seeks order that the Court provide the transcript – Appeal from property orders – Applicant says she cannot afford the transcript – Applicant had the funds available at least for some time – Transcript not required for most grounds of appeal – No exceptional circumstances to justify the Court funding the provision of transcript – Application dismissed – Applicant relieved of the obligation to provide the transcript.

Cases cited: Sampson & Hartnett (Provision of Transcript) (2013) FLC 93-542; [2010] FamCAFC 220

Number of paragraphs: 15

Date of hearing: 7 February 2024

Place: Sydney (via video link)

The Applicant: Self-represented litigant

The Respondent: Self-represented litigant
ORDERS

NAA 339 of 2023
BRC 6154 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:
MS MACARTHUR

Applicant

AND:
MR MACARTUHUR

Respondent

ORDER MADE BY:

ALDRIDGE J

DATE OF ORDER:

7 FEBRUARY 2024

THE COURT ORDERS THAT:
1.The Application in an Appeal filed 29 January 2024 is dismissed.
2.Orders 7, 8 and 9 of the procedural orders dated 8 January 2024 are vacated.
3.The time in which the applicant must file and serve a Summary of Argument and List of Authorities under Order 11 of the procedural orders dated 8 January 2024 is extended to 4.30 pm on 12 February 2024.
4.The time in which the respondent must file and serve a Summary of Argument and List of Authorities under Order 12 of the procedural orders dated 8 January 2024 is extended to 4.30 pm on 22 February 2024.

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 Macarthur & Macarthur has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE
REASONS FOR JUDGMENT
ALDRIDGE J:

This is an Application in an Appeal filed by the appellant (“the applicant”) on 29 January 2024 seeking an order that the Court obtain and pay for the transcript of the hearing that led to the orders that are under appeal.
On 13 November 2023, a judge of the Federal Circuit and Family Court of Australia (Division 1) made property settlement orders between the parties. Her Honour also dismissed the applicant’s application…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Macarthur & Macarthur (No 2)

Details

AGLC: Macarthur & Macarthur (No 2) [2024] FedCFamC1A 8
Case: [2024] FedCFamC1A 8
Decision Date: 7 February 2024

CaseChat Overview and Summary

This appeal arose from a dispute between Ms Macarthur and Mr Macarthur over property orders. The appeal was heard in the Federal Circuit and Family Court of Australia’s Appellate Division. Ms Macarthur filed an application seeking an order that the Court provide the transcript for the appeal, claiming she could not afford it. The court was required to decide whether it was appropriate to provide the transcript under the circumstances of the case. The court needed to consider whether Ms Macarthur had the financial means to pay for the transcript, whether the transcript was necessary for the grounds of appeal, and whether there were exceptional circumstances justifying the Court’s funding of the transcript.

The court noted that Ms Macarthur had the funds available at least for some time and that the transcript was not required for most of the grounds of appeal. The court found that there were no exceptional circumstances to justify the Court funding the provision of the transcript. The court concluded that the application should be dismissed and that Ms Macarthur should not be relieved of the obligation to provide the transcript. The court dismissed the application and vacated the orders requiring Ms Macarthur to provide the transcript. The court extended the time for the parties to file and serve their Summaries of Argument and Lists of Authorities.

Orders

Orders of the court

NAA 339 of 2023

BRC 6154 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MS MACARTHUR

Applicant

AND:

MR MACARTUHUR

Respondent

ORDER MADE BY:

ALDRIDGE J

DATE OF ORDER:

7 FEBRUARY 2024

THE COURT ORDERS THAT:

1. The Application in an Appeal filed 29 January 2024 is dismissed.

2. Orders 7, 8 and 9 of the procedural orders dated 8 January 2024 are vacated.

3. The time in which the applicant must file and serve a Summary of Argument and List of Authorities under Order 11 of the procedural orders dated 8 January 2024 is extended to 4.30 pm on 12 February 2024.

4. The time in which the respondent must file and serve a Summary of Argument and List of Authorities under Order 12 of the procedural orders dated 8 January 2024 is extended to 4.30 pm on 22 February 2024.

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).

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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NAA 339 of 2023 BRC 6154 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA DIVISION 1 APPELLATE JURISDICTION
BETWEEN:	MS MACARTHUR Applicant
AND:	MR MACARTUHUR Respondent

Appeal from:	Macarthur & Macarthur (No 5) [2023] FedCFamC1F 964
Appeal number(s):	NAA 339 of 2023
File number(s):	BRC 6154 of 2020
Judgment of:	ALDRIDGE J
Date of judgment:	7 February 2024
Catchwords:	FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Provision of transcript – Applicant seeks order that the Court provide the transcript – Appeal from property orders – Applicant says she cannot afford the transcript – Applicant had the funds available at least for some time – Transcript not required for most grounds of appeal – No exceptional circumstances to justify the Court funding the provision of transcript – Application dismissed – Applicant relieved of the obligation to provide the transcript.
Cases cited:	Sampson & Hartnett (Provision of Transcript) (2013) FLC 93-542; [2010] FamCAFC 220
Number of paragraphs:	15
Date of hearing:	7 February 2024
Place:	Sydney (via video link)
The Applicant:	Self-represented litigant
The Respondent:	Self-represented litigant

ORDER MADE BY:	ALDRIDGE J
DATE OF ORDER:	7 FEBRUARY 2024