Meadows and Meadows - [2018] FamCAFC 76

FAMILY COURT OF AUSTRALIA

MEADOWS & MEADOWS

[2018] FamCAFC 76

FAMILY LAW – APPLICATION IN AN APPEAL – PREPARATION OF APPEAL BOOKS – Where applicant sought an order that the respondent or Regional Appeals Registrar prepare the appeal books – Where the applicant asserts financial difficulties and difficulties associated with residence in a remote location – Where little utility in the appeal - Directions made permitting the applicant to file electronic appeal books.

Family Law Rules 2004 (Cth) rr 22.18, 22.39(4)

APPLICANT:

Ms Meadows

RESPONDENT:

Mr Meadows

INDEPENDENT CHILDREN’S LAWYER:

Jennifer Weate

FILE NUMBER:

PAC

3509

2013

APPEAL NUMBER:

113

2017

DATE DELIVERED:

16 April 2018

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Ryan J

HEARING DATE:

4 April 2018

LOWER COURT JURISDICTION:

Family Court of Australia

LOWER COURT JUDGMENT DATE:

11 October 2017

LOWER COURT MNC:

[2017] FamCA 907

REPRESENTATION

SOLICITOR FOR THE APPLICANT:

In person

SOLICITOR FOR THE RESPONDENT:

In person

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:

Jennifer Weate & Associates

Orders

The time within which the wife is to file the appeal books and necessary certificate is extended to 7 May 2018.
The wife is at liberty to elect to provide the appeal books electronically. In the event that the wife so elects the document shall:
(a)       be in portable document format (pdf);
(b)be capable of being searchable for specified text (optical character recognition – ocr);
(c)       have an index which is paginated to reflect the electronic document;
(d)       have each entry in the index bookmarked; and
(e)       be set so that when opened:
(i)it shall display at full page width; and
(ii)the bookmarks menu shall be displayed.
In the event that the wife elects to file electronic appeal books, she shall on or before 4.30pm on 7 May 2018 file the appeal books as follows:
(a)Email the electronic appeal book, together with a certificate pursuant to Rule 22.20(2) of the Family Law Rules 2004, to Eastern Appeals Registry using the email address …@familycourt.gov.au; and
(b)Email the consolidated electronic transcript to Eastern Appeals Registry using the email address …@familycourt.gov.au
In the event that the wife elects to file electronic appeal books, on or before 4.30pm on 7 May 2018 she shall serve the appeal books on the respondent and the Independent Children’s Lawyer as follows:
(a)Email the electronic appeal book to the respondent and the Independent Children’s Lawyer, together with a certificate pursuant to Rule 22.20(2) of the Family Law Rules 2004; and
(b)Email the consolidated electronic transcript to the respondent and the Independent Children’s Lawyer.
The application in an appeal filed 19 March 2018 is otherwise dismissed.

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

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

Note: This copy of the Court’s Reasons for Judgment may…

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 Meadows and Meadows

Details

AGLC: Meadows and Meadows [2018] FamCAFC 76
Case: [2018] FamCAFC 76
Decision Date: 16 April 2018

CaseChat Overview and Summary

The parties involved in this case are the wife and husband, Meadows and Meadows, and the dispute concerns matters related to family law. Specifically, the wife filed an appeal against a decision made by the Family Court. The case was heard by the Full Court of the Family Court of Australia. The central legal issues before the court were the appropriate timeframe for the wife to file her appeal books and the format in which these documents should be submitted. The court had to consider the wife's request for an extension of time to file her appeal books and the potential for submitting these documents electronically.

The court deliberated on the wife's application for an extension of time to file the appeal books and the certificate required by Rule 22.20(2) of the Family Law Rules 2004. The court noted that the wife had not yet filed the necessary documents and considered her reasons for the delay. The court also examined the feasibility and practicality of accepting electronic submissions, ensuring they met specific technical requirements to maintain document integrity and accessibility. After weighing the circumstances, the court determined that the wife should be granted an extension and allowed to submit her appeal books electronically, provided she adhered to the detailed technical specifications outlined in the order.

In its decision, the court granted the wife's application for an extension to file her appeal books, setting the new deadline as 7 May 2018. The court also allowed the wife to submit her appeal books electronically, subject to her compliance with specific technical requirements. These included ensuring the document was in PDF format, searchable via optical character recognition, properly paginated, indexed with bookmarked entries, and set to display correctly when opened. The court further specified the procedural steps for electronic submissions, including the need to email the documents to the relevant parties and the court registry by 4.30pm on 7 May 2018. The court's decision provided clarity on the process for filing appeal books and the acceptable formats, ensuring that all parties were aware of their obligations.

The court dismissed the wife's application in all other respects, maintaining the original procedural requirements for the appeal. The form of the order is subject to its formal entry in the court's records.

Orders

Orders of the court

The time within which the wife is to file the appeal books and necessary certificate is extended to 7 May 2018.

The wife is at liberty to elect to provide the appeal books electronically. In the event that the wife so elects the document shall:

(a) be in portable document format (pdf);

(b) be capable of being searchable for specified text (optical character recognition – ocr);

(d) have each entry in the index bookmarked; and

(e) be set so that when opened:

(i) it shall display at full page width; and

(ii) the bookmarks menu shall be displayed.

In the event that the wife elects to file electronic appeal books, she shall on or before 4.30pm on 7 May 2018 file the appeal books as follows:

(a) Email the electronic appeal book, together with a certificate pursuant to Rule 22.20(2) of the Family Law Rules 2004, to Eastern Appeals Registry using the email address …@familycourt.gov.au; and

(b) Email the consolidated electronic transcript to Eastern Appeals Registry using the email address …@familycourt.gov.au

In the event that the wife elects to file electronic appeal books, on or before 4.30pm on 7 May 2018 she shall serve the appeal books on the respondent and the Independent Children’s Lawyer as follows:

(a) Email the electronic appeal book to the respondent and the Independent Children’s Lawyer, together with a certificate pursuant to Rule 22.20(2) of the Family Law Rules 2004; and

(b) Email the consolidated electronic transcript to the respondent and the Independent Children’s Lawyer.

The application in an appeal filed 19 March 2018 is otherwise dismissed.

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

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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