FAMILY COURT OF AUSTRALIA
| SAMPSON & HARTNETT (PROVISION OF TRANSCRIPT) | [2010] FamCAFC 220 |
| FAMILY LAW – APPEAL – PRACTICE AND PROCEDURE – Provision of transcript – factors relevant in support of an application for the provision of transcript at the Court’s expense – whether there are merits in the grounds of appeal which justify the provision of transcript. |
| Family Law Act1975 (Cth) s 60CC, s 117 Family Law Rules 2004 r 22.18(1), r 22.18(2) |
| Forbes & Bream [2008] FamCAFC 189 Friscioni & Friscioni(Application for transcript) [2009] FamCAFC 48 House v R (1936) 55 CLR 499 Trahn & Long (No. 2) [2008] FamCAFC 194 |
| APPLICANT: | Ms Sampson |
| RESPONDENT: | Mr Hartnett |
| FILE NUMBER: | SYF | 3827 | of | 2004 |
| APPEAL NUMBER: | EA | 113 | of | 2009 |
| DATE DELIVERED: | 4 November 2010 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Canberra |
| JUDGMENT OF: | Bryant CJ, Finn & Ryan JJ |
| HEARING DATE: | 3 February 2010 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Self-represented Litigant |
| SOLICITOR FOR THE APPLICANT: | Self-represented Litigant |
| COUNSEL FOR THE RESPONDENT: | Self-represented Litigant |
| SOLICITOR FOR THE RESPONDENT: | Self-represented Litigant |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mr Sperling |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Legal Aid New South Wales |
Orders
The wife’s application in the appeal filed 23 December 2009 seeking that the Court provide the transcript of the hearing before Jordan J, at its expense, be dismissed.
There be no order as to costs.
IT IS NOTED that publication of this judgment under the pseudonym Sampson & Hartnett (Provision of Transcript) is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT CANBERRA |
Appeal Number: EA 113 of 2009
File Number: SYF 3827 of 2004
| Ms Sampson |
Applicant
And
| Mr Hartnett |
Respondent
REASONS FOR JUDGMENT (revised*)
Background
This interlocutory application is about whether the Court should provide, at its expense, a full transcript of a 14 day hearing to enable the wife to prosecute her appeal against parenting orders relating to the two children of the husband and wife, K born in April 2003 and T born in November 2004, and the considerations that are relevant to our decision.
A parenting matter, in which the initial proceedings were the subject of a successful appeal, involving a dispute between the parties over the care arrangements for their two children was re-heard by Jordan J over a period of 14 days in April, May, July and August 2009. The hearing concluded on
14 August 2009 and judgment was subsequently delivered on 25 August 2009.
In a 44 page judgment his Honour traversed the many issues raised by the parties. At paragraphs 26 to 30 of his reasons, his Honour said the following regarding the issues in dispute:
26.Identifying the factual issues and distinguishing those of significance from those of limited value, has remained one of the consuming aspects of the case. The affidavit material filed by the parties is vast and appears to canvass almost every troublesome aspect of the relationship between them for the past…
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- [2010] FamCAFC 220
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