Oakley & Millar (No. 2)

The matter before the court involved an appeal by Mr Oakley against decisions made in relation to his family law dispute with Ms Millar. The appeal was heard in the Federal Circuit and Family Court of Australia, Division 1 Appellate Jurisdiction. Mr Oakley sought relief from the requirement to provide a transcript of the remaining four days of the eleven-day trial, arguing that the court should bear the expense as it had already procured seven days of the trial transcript. He also sought leave to issue a subpoena for medical records, both those that existed at the time of trial and those created subsequently.

The court considered Mr Oakley's request for relief from providing the remaining trial transcript. It found that, while he would not be ordered to provide a transcript he could not afford, no aspect of the appeal suggested the court should grant him any further financial assistance. Regarding the subpoena for medical records, the court held that Mr Oakley had offered no satisfactory explanation for not procuring the records at the time of trial, and it was not permissible for him to blur the distinction between original and appellate jurisdiction. The court also found that none of the medical records were likely to be of any probative value.

The application in the appeal was dismissed, and the court extended the time for the appellant to comply with certain orders and for the respondent and the Independent Children's Lawyer to file their Summaries of Argument.