All family law matters listed before the Federal Circuit Court, excluding applications for uncontested divorce, are recorded.

All general federal law matters listed before a judge are recorded. Bankruptcy matters listed before registrars are not recorded unless a particular matter involves the taking of evidence.

A transcript is provided to the Court by its contracted transcript provider when ordered by the Court. Generally, the Court will order a transcript only in isolated long trials or where judgment has been delivered at the end of a hearing (and then, only the judgment will be transcribed). The Court does not order transcripts in all instances.

A party to a proceeding or their lawyer may purchase a full or partial copy of the transcript from the Courts' contracted transcript provider. The person placing the order will be required to pay for the transcript. The rate of charge is fixed in the Court's contract with the provider. The rates vary according to a number of factors, including a higher rate for transcripts required urgently. The transcript provider shall give details of the estimated cost of the transcript upon request. A person who is not a party to family law proceedings cannot purchase a copy of the transcript without the leave of the Court. In general federal law proceedings non-parties may, in some circumstances, obtain access to a copy of the whole or part of the transcript of a proceeding.

See: Access to Court documents and transcript on the Federal Court website.

Under its current records retention policy, the Court retains recordings for 10 years. Accordingly, requests for transcript of proceedings beyond 10 years cannot be processed.

When requesting a transcript, parties need to be aware that they will be provided with only the transcript of proceedings that does not include judgments, rulings or orders.

See: Transcripts Order Form (Auscript web site)

Provision of transcript to parties by the Court

The Court does not provide transcripts to litigants at the Court's expense.

In limited circumstances, if the Court has already obtained a transcript, you may be permitted to peruse (but not copy) the Court's transcript in the court registry.

Occasionally the transcript of proceedings will constitute the reasons. In such instances, if reasons are required for the purposes of an appeal, the Court may provide a copy of the transcript, or portions of the transcript, to the parties and the Appeal Court for the purpose of the appeal.

In some instances parties may be provided with the transcript of oral reports by family consultants undertaken pursuant to section 11F of the Family Law Act 1975. This is at the discretion of the presiding judicial officer.

Access to court recordings

Please note that audio recording of matters heard in the Court are not generally available for purchase.

To reduce costs, parties may wish to listen to recordings of their proceeding and select specific segments for transcription.

Requests to access recordings need to be made to the relevant Registry Manager or District Registrar, clearly setting out the reasons why a party wishes to access recordings. Access to recordings will be considered on a case-by-case basis.

Should approval be provided by the Registry Manager or the District Registrar to access recordings, the transcription provider will provide facilities and supervision by arrangement through the Registry Manager or District Registrar. A fee is payable to the provider.

It is not permitted to re-record or copy the audio files.

As with the provision of transcripts, access will only be provided to recordings of proceedings, not judgments, rulings or orders.

Copyright

Copyright in Transcript is owned by the Commonwealth of Australia. Apart from any use permitted under the Copyright Act 1968 you are not permitted to reproduce, adapt, re-transmit or distribute the Transcript material in any form or by any means without seeking prior written approval from the Federal Circuit Court of Australia.

The Court's current transcription providers

The Federal Circuit Court of Australia’s recording and transcription contract is with Auscript Australasia Pty Limited.

Auscript national contact details (excluding WA in family law matters)

Telephone

1800 287 274

Fax

1300 739 037

Email

clientservices@auscript.com.au

Website

www.auscript.com.au

 

Related Information