Oakley & Millar (No. 2)

[2022] FedCFamC1A 27

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1) APPELLATE JURISDICTION

Oakley & Millar (No. 2) [2022] FedCFamC1A 27  

Appeal from:

Millar & Oakley [2021] FedCFamC1F 12

Appeal number(s):

NAA 28 of 2021

File number(s):

MLC 2195 of 2016

Judgment of:

AUSTIN J

Date of judgment:

25 February 2022

Catchwords:

FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Provision of transcript – Where the trial took place over 11 days – Where the Court has procured seven days of the trial transcript at its expense – Where the appellant seeks relief from the provision of the transcript for the remaining four days, and that the Court bear the expense – Where the appellant will not be ordered to provide a transcript he cannot afford, but no aspect of the appeal suggests the Court should grant the appellant any further largesse – Leave to issue subpoena – Medical records – Where the appellant offered no satisfactory reason why he did not procure the records at the time of trial – Where the appellant also sought records created since trial – Where the appellant cannot be permitted to obliterate the distinction between original and appellate jurisdiction – Where none of the medical records would likely be of any probative value – Application dismissed – Practice and procedure – Orders made extending the time for compliance for the parties to file their Summaries of Argument.

Legislation:

Federal Circuit and Family Court of Australia Act 2021 (Cth) s 35

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 13.22

Cases cited:

CDJ v VAJ (1998) 197 CLR 172; [1998] HCA 76

Oakley & Millar [2022] FedCFamC1A 7

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

Number of paragraphs:

26

Date of hearing:

25 February 2022

Place:

Newcastle (via video link)

The Appellant:

Litigant in person

Solicitor for the Respondent:

Ebejer & Associates

The Independent Children's Lawyer:

Not funded to participate in the appeal

ORDERS

NAA 28 of 2021
MLC 2195 of 2016

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MR OAKLEY

Appellant

AND:

MS MILLAR

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	AUSTIN J
DATE OF ORDER:	25 FEBRUARY 2022

THE COURT ORDERS THAT:

1.Orders 2 and 3 made on 10 December 2021 are discharged.

2.Order 1 made on 21 January 2021 is discharged.

3.The time for the appellant’s compliance with Order 9 made on 10 December 2021 is extended to Wednesday 6 April 2022.

4.The time for the respondent’s and the Independent Children’s Lawyer’s compliance with Order 10 made on 10 December 2021 is extended to Wednesday 20 April 2022.

5.The Application in an Appeal filed on 7 December 2021 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…