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Denied access to hearing transcript

Denied access to transcript when ex's lawyers had it

Hi everyone,

I am new to this site after having just spent 6 days (4 days in Feb09 and another 2 days in Nov09) representing myself in court lat year. I wish I had known about this site earlier as it would have been extremely helpful.

I am faced with an issue which I thought you might all be able to assist me with.

After the 4-day hearing in Feb09 ended and final submissions were heard, my ex made a number of allegations about me approx 3 months later and her lawyers requested for the case to be re-opened. The judge allowed it to happen and 2 days were set aside in Nov09. More final submissions were made during the Nov09 hearing after the allegations were squashed.

I now want to get the transcript for my case but when I rang the registry, I was told that since final submissions had already been heard for my case, I would need to get leave from the judge. When I contacted the assistant for the judge, I was told that the judge didn't want to release the transcript to me because she was concerned that I might want to use to transcript to re-open the case. Funnily enough, the lawyers for my ex had access to the Feb09 transcripts during the Nov09 hearing. So I thought "What the …?"

1. Why in the world would the judge not want to release the transcript to me when the ex's laywers were given access to the transcript AND allowed to re-open the case?

2. Isn't it unfair for a SRL to be denied the opportunity to have access to the transcript when the other party had access to it already?

3. Isn't it also unfair for a SRL to be denied the opportunity to re-open the case and be told point blank that the judge doesn't want to allow to a SRL an opportunity she already allowed the other party to have?

4. Are there any precedents that anyone knows of that would allow me to show the judge that she is unfairly treating a SRL?

5. Is there anything else anyone could assist me with in relation to my situation?

Thank you in advance

Firstly, what is your reason for wanting to get a copy of the transcript? This may help in giving some guidance on the matter.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas

access to transcript


Welcome, yes this is a great site, we have been very grateful for the support too.

Didn't you say the allegations were quashed *squashed*.  ? So why do you need the transcript?

We are looking to get a transcript *checkbook quivers*:'(, but we are going through an appeal.
Happy New Year stemplars,

You do not need leave of the judge to obtain a copy of the transcript of any Court matter you are a party to if the other side (mothers ex's solicitors) have it.

You can if you can afford it, obtain a written (electronic) copy sent to you at the end of every day of each hearing.

If the other side has obtained a Transcript then it will cost you less normally because the cost of transcribing it from audio to written is paid for by the first applicant to receive a copy plus the copy that is sent to the judge.

If you have a look at your file you will find there is a copy on file that you can read and copy the required pages of.

The Nov 09 hearing transcript will only be on file if someone like the judge has asked for a copy.

You need leave of the judge to listen to and only request the parts of the transcript you require.

Spark and Cannon were good and helpful to SRL's but this new/old mob, yes Auscript have got the contract back, I have my doubts about as they seem to be more interested in concealing judges wrongs. Maybe that is why Spark and Cannon lost the transcript contract, they let out transcripts that supported appeals with judges misbehaviours and wrongs (criminal breaches of the law) in them.  

In short Auscript have a contract to supply each and every party to a matter with a copy of the transcript for every day or part day of a hearing they are a party to, other than the judges reasons stated from the bench.

This is because judges make statements from the bench that prove their other than lawful intent or intent to do other than right by the law created by the Commonwealth and/or the State Parliaments they wish were not made.

Inform the Attorney General of the Commonwealth of the judge's refusal to give you leave to obtain a copy of the transcript if that is what you sought.

If you sought to listen to the transcript and the judge is fearful of you having the same rights as the other party, then you have A CASE FOR UNFAIRNESS demonstrated by the judge that could, I say again could, support JUDICIAL APPEARANCE of demonstrated bias, which I am hearing from your writing, is a thought of yours.

I also hear you could be thinking the judge said things that makes you believe THE JUDGE IS GOING TO GO AGAINST THE EVIDENCE and WITHOUT JUST CAUSE support the other party, hence you are preparing for an Appeal. This appears to be preceded by a more than 3 month delay in the return of judgement.

The High Court require an application for a Writ of Mandamus, that is, a writ to cause a judge to fore-fill a duty the judge is obliged to fore-fill, like return a judgement, within 2 months of the final date of the hearing or leave of the High Court to make such an application is required.

Your an SRL and it is all about making it cost you so much you can no longer afford it or you give up knowing the judge is a know all who knows nothing but contempt for the law they have given an undertaking to the Court to do RIGHT BY TO ALL PEOPLE.

Good luck, hit Auscript with the conditions of contract that they are in breach of  if you sought a copy of the Transcript and not only to listen to the transcript. (That would be a Federal Court breach of contract matter that is outside this Forums hearing or purpose)  
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