FAMILY COURT OF AUSTRALIA
| WARNETT & AMERSON | [2020] FamCAFC 24 |
| FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Provision of the transcript – Where the father seeks an order that the Court provide the transcript of the proceedings before the primary judge at its own expense – Where the circumstances are not such that the interests of justice require the Court to provide the transcript – Where parts of the transcript are held by the Court and will be forwarded to the parties – Where the father does not have the means to purchase the rest of the transcript – Where the procedural orders for the preparation of the appeal will be amended so that the father will be permitted to provide such portions of the transcript as he can obtain – Application dismissed. |
| Sampson & Hartnett (2013) FLC 93-542; [2010] FamCAFC 220 Vakauta v Kelly (1989) 167 CLR 568; [1989] HCA 44 |
| APPLICANT: | Mr Warnett |
| RESPONDENT: | Ms Amerson |
| INDEPENDENT CHILDREN’S LAWYER: | Lukes Law |
| FILE NUMBER: | WOC | 427 | of | 2017 |
| APPEAL NUMBER: | EA | 116 | of | 2019 |
| DATE DELIVERED: | 7 February 2020 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Aldridge J |
| HEARING DATE: | 30 January 2020 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 27 September 2019 |
| LOWER COURT MNC: | [2019] FamCA 499 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Cohen with Ms Murphy |
| THE RESPONDENT: | In person |
| SOLICITOR FOR THE RESPONDENT: | Rossi Simicic Lawyers |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Lukes Law |
Orders
The parties be provided with the parts of the transcript held by the Court, namely, the transcript of the proceedings before the primary judge on 22 March 2019 and 28 May 2019.
The Application in an Appeal filed on 5 December 2019 be otherwise dismissed.
Order 1.27 of the procedural orders made on 12 December 2019 be amended so as to include the words “or such portions of the transcript as the appellant can obtain” after the words “and 28 May 2019”.
The appellant file and serve an Amended Notice of Appeal within seven days.
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 Warnett & Amerson 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 be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Number: EA 116 of 2019
File Number: WOC 427 of 2017
| Mr Warnett |
Applicant
And
| Ms Amerson |
Respondent
And
| Independent Children’s Lawyer |
REASONS FOR JUDGMENT
Mr Warnett (“the father”) has appealed against final parenting orders made on 27 September 2019 by a judge…
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- AGLC
- Warnett and Amerson [2020] FamCAFC 24
- Case
- [2020] FamCAFC 24
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to decide in this case revolved around the procedural aspects of the appeal. These included the provision of parts of the transcript held by the Court, specifically the proceedings before the primary judge on 22 March 2019 and 28 May 2019, and the dismissal of an Application in an Appeal filed on 5 December 2019. Additionally, the court needed to amend Order 1.27 of the procedural orders made on 12 December 2019 to include specific wording that would allow the appellant to obtain certain portions of the transcript. The court also required the appellant to file and serve an Amended Notice of Appeal within a specified time frame.
The court's reasoning and outcome were focused on ensuring that the procedural aspects of the appeal were handled correctly. By providing the necessary transcripts and amending the procedural order, the court aimed to facilitate a fair and transparent appeal process. The dismissal of the Application in an Appeal was a direct result of the court finding that the application did not meet the required standards or did not provide sufficient grounds for the appeal to proceed. The requirement for the appellant to file and serve an Amended Notice of Appeal within seven days was a procedural step to ensure that the appeal process continued in an orderly manner.
Orders
Orders of the court
1.
The parties be provided with the parts of the transcript held by the Court, namely, the transcript of the proceedings before the primary judge on 22 March 2019 and 28 May 2019.
2.
The Application in an Appeal filed on 5 December 2019 be otherwise dismissed.
3.
Order 1.27 of the procedural orders made on 12 December 2019 be amended so as to include the words “or such portions of the transcript as the appellant can obtain” after the words “and 28 May 2019”.
4.
The appellant file and serve an Amended Notice of Appeal within seven days.
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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