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QLD Family Law Act - Misuse of Federal Circuit Court Transcript?

Discussion in 'Family Law Forum' started by Manny, 15 May 2016.

  1. Manny

    Manny Member

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    The Applicant in a Family Law Matter has deliberately ordered and used family court transcripts of an existing matter before the Federal Circuit Court in support of a Child Support Assessment. The CSA Assessment is separate to the Family Court matter.

    S121 of the Family Law Act states that transcripts should not be published to the public or a section of the public.

    My question is: For self-represented respondents, what is the best way to raise this issue with the Family Court?
     
  2. AllForHer

    AllForHer Well-Known Member

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    CSA isn't the public, or a section of the public. Also, CSA has rules about what they can and cannot accept as evidence. A transcript probably won't cut it as evidence with CSA. If it does attempt to take it into consideration as evidence, you can object to the CSA decision.
     
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  3. Unknown entity

    Unknown entity Well-Known Member

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    Simply stated the Applicant is in breach of confidence, in family court no such documents that identify children by name, residence or in connection to other parties can be forwarded to third parties with out leave of the court. Implied undertaking are strict obligations imposed by the court that need to be adhered to. Any documents covered under the implied undertakings must be awarded with leave of court befor they can be produced to any members of the public or third parties, including child support.

    If still in court, raise form 2, detail concerns in affidavit and make application to court. If Applicant is found to be in breach of confidence, they may also be in contempt of court.

    What is the Applicants Lawyer involvement in this, if any?
     
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