Federal Magistrates Court of Australia
Practice and Procedures
Transcript Arrangements
All family law matters listed before the Federal Magistrates Court, excluding applications for uncontested divorce, are recorded. All general federal law matters listed before a federal magistrate 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 (such as the lawyer, applicant or respondent) may purchase a copy of the transcript from the designated commercial provider. That person 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 service providers shall provide details of transcript rates upon request. A person who is not a party to proceedings cannot purchase a copy of the transcript without the leave of 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 might be permitted to peruse (but not copy) the Court's transcript in the court registry.
FMC policy does not permit the sale of Audio CD Rom recordings of transcripts.
The appeal court will probably require a copy of the transcript if an appeal is filed in relation to a decision of the Federal Magistrates Court.
The Court's current transcription providers
The Federal Magistrates Court and the Family Court of Australia’s recording and transcription contract is with Auscript Australasia Pty Limited.
Auscript national contact details (excluding WA)
Provision of transcript
Please note that transcripts can be purchased only by the parties to the proceedings or their lawyers.
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 transcript, parties need to be aware that they will be provided with only the transcript of proceedings and the documentation will not include judgments, rulings or orders.
See
Transcripts Order Form (Auscript web site)
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