Event and Time
Event Description
- Application brought by Ms Woodby-Chatterjee ("the applicant") on 17 August 2018 for the reinstatement of her appeal against orders made by Justice Stevenson on 6 April 2018.
- The appeal was originally deemed abandoned due to failure to file compliant appeal books by the deadline of 31 July 2018 set by the registrar on 19 June 2018.
Application and Claims
- The applicant sought reinstatement of the appeal and a direction that the respondent, Mr Chatterjee, or his legal representatives be responsible for providing a copy of the transcript from the proceedings.
- The underlying appeal concerns the refusal of the primary judge to disqualify herself from hearing ongoing financial and parenting proceedings between the parties.
Judicial Decisions
- The court decided to reinstate the appeal.
- The time for the appellant to file and serve appeal books was extended to 24 September 2018.
- The deadline for filing and serving an electronic copy of the transcript was extended to 10 October 2018.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Argument:
- The applicant contended procedural unfairness due to inability to file the understanding appeal books on time. - Seeks that the respondent provide the necessary transcript to facilitate the appeal.
- Respondent's Argument:
- The respondent likely disagreed with the need for the transcript to be provided by them and could assert that it was the applicant’s responsibility to file appeal documents appropriately.
- Third Party Input:
- Previous case law highlighted, such as *Sampson & Hartnett (2013)*, informs the court on the matter concerning the filing obligations.