Event and Time
Event Description
- Case involves an appeal by Mr. Zlotnik (the father) regarding final parenting orders made in August 2020 between himself and Ms. Germasimov (the mother), related to their child, B, born in 2012.
- The appeal pertains to the orders allowing the child to live with the mother, spend time with the father, international travel provisions, and the maintenance of the child’s passports.
Application and Claims
- The father applied on 4 March 2021 to have the appeal heard without the transcript of the trial, which took place over two days in January 2020.
- He contends that he does not intend to claim inconsistencies based on the facts but challenges the statutory provisions of the orders.
- The mother's stance is that all trial materials should be included for a more comprehensive understanding of the case.
Judicial Decisions
- Leave was granted for the appeal to be heard without the required trial transcript.
- The procedural orders regarding the transcript were discharged, and the application filed on 4 March 2021 was otherwise dismissed.
- The costs of the application would be costs in the appeal.
- The application was handled remotely amidst technical difficulties.
Dispute Points and Legal Basis
Dispute Points
- Father's Arguments:
- Wants to appeal without the trial transcript, confident he can present his case focusing on statutory provisions rather than the primary judge's findings of fact. - Acknowledges that success may be more challenging without the transcript but believes it is worth the risk.
- Mother's Arguments:
- Prefers that all documents presented during the trial be included in the appeal for clarity.
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