SA Family Law - Information on Appeal Books?

[okanynameyouwishthen]

Hey all,

So after complying with time limits to file a draft appeal index & a couple of procedural hearings, the last one being the judge finding merit in my grounds enough to list dates for an appeal.

During his reading out of his orders, he directed he was not going to order there be an appeal book. I can't find much information regarding this & I'm of the belief that this order is somewhat less usual than ordering that there will be appeal books prepared.

Can someone please enlighten me with any family law information regarding the books & opinions on why he would order one unnecessary?

Cheers

 

[Victoria S]

Hi there,

I know that in QLd, appeal books are not required in single judge appeals from the Federal Circuit Court as the court prepares the materials for itself.

 

[okanynameyouwishthen]

Ah, thank you for responding. I'm so unsure how to proceed as the trial judge allowed me to rely on several earlier filed affidavit's that contain lots of annexed documents which I claim she then took no notice of a huge % of said docs., yet they discredit most of other parties evidence less allegations & strategic empty claims.

Reading up on the expectations of the applicant, for instance, to argue the trial judge made an error in the finding of facts. I am expected to identify said error and then direct the appeal judge to all the evidence contained in the affidavits.

As I believed the draft index was in correct running order by dates I could then direct him to the relevant pages of the appeal book that we both had possession of instead of pointing him to" annexure 'AB 01' , 5th page in of my affidavit filed July 22 2014" or similar.

Man, this whole damn ordeal is like 1 step forward, 3 back & 1 sideways still!

I guess I just write it up to the draft I submitted, then at least one day it will surely makes sense to have all filed docs. in running date order for us all to follow along to, instead of writing it up to a book of out of sequence paperwork.

The entire travesty is in it's last leg now, what does it matter if I get a repeat "bollocking" for supposedly being deliberately stupid & daring to 'waste' his & court's time for attempting to allow my child a father, like she wants.

Hohum?!

 

[Migz]

Can anyone shed some light on this? How did this all work out for you okanynameyouwish, I am going through the same ordeal, I filled the the "draft index" ages ago, and now the first hearing infront of the registrar is about to take place, but I just received a copy of the Appeals "Draft index" which is completely different to mine, is this normal? What normally happens at the first hearing with the registrar? Why is their draft index so different...this is my Appeal so why are they changing it?

 

[okanynameyouwishthen]

wow, so long ago. i got shafted i know that much. i gotta say though it puzzles me reading about these hearings before registrars as only dealings i ever had with them was filing my paperwork. Applications in case, contravention, appeals & only ever went to the same judge in FCCA & then same appeal judge. How does that work ? Is it still in courtroom but with registrar up on the bench or what? genuinely curious.