19 November 2020
Family proceedings - COVID-19 - Court book
Counsel has requested that we prepare a court book for an upcoming trial in the Federal Circuit Court. Our office has not yet prepared one.
Our understanding is that it contains all court documents and any documents that will be tendered into evidence. Is there a specific structure or pro forma?
Thank you for the question.
This is a COVID-19 related measure. See the Practitioner and litigant guide to virtual hearings and Microsoft Teams on the Federal Circuit Court website, which says:
3.1 Court Books
Court books/electronic tender bundles are to be provided in the time and manner directed by each Judge.
Court books must be provided in PDF format and be indexed and paginated. A page limit may be imposed.
In the event medical, child protection or police records obtained under subpoena are required to show a witness, tender to the court or be included in a Court Book, practitioners are at liberty to contact Chambers to seek leave to copy same or seek other orders and directions to facilitate this process. Where the Judge deems it appropriate, orders may be made for those documents to be copied or scanned subject to strict conditions imposed on the practitioners seeking same.
Specific orders may have been made in relation to the court book. If not, clarify with counsel how they prefer the court book to be prepared. Rule 22.20 of the Family Law Rules 2004 provides guidance for appeal books which can be used as a guide to preparing the court book, but it is best to ask counsel to settle the draft index for the book before it is finalised.
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