Van Achteren & Yusuf (No 2) [2025] FedCFamC1A 246 (31 December 2025)

1. The appellant has listed 8 general topics as her grounds of appeal in Part E of the Notice of appeal. She annexed a document to the Notice of Appeal that is a little over 16 pages that has the content of a Summary of Argument. The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) require that a summary of Argument not exceed 15 pages without leave of the court (r 13.22(2)(c)), thus the Summary of Argument would be easily prepared by editing this document to reduce its length to 15 pages.
2. The List of Authorities is merely a list of cases that are to be referred to in argument. It is not a lengthy list and would not take long to compile as it will contain authorities that, presumably, the appellant relied upon before the primary judge.
3. Whilst the appellant had the option of filing a Contested Appeal Book (Order 8 of the directions of 27 November 2025) she was not bound to do so. No adequate explanation has been given for failing to lodge a Contested Appeal Book which would have contained only the additional documents that the appellant says she has and has identified. Whilst attempting to explain the failure to lodge the Contested Appeal Book she said that she had attempted to do so but not formatted the book correctly (and had received helpful feedback from a registrar), but then drifted into submissions that the issue was the cost of transcripts rather than the Contested Appeal Book, although it may be that the appellant simply moved topics as she was making submission.
4. On the limited evidence before the Court, I am not persuaded that the appellant (who has been unrepresented throughout) would not have been able to complete the documents realistically required for the appeal within the time provided by the directions. I am not persuaded that the appeal should be adjourned.

Requirement to file a transcript (Order 4 as sought)

1. The registrar's directions require that the appellant file transcripts of the hearings before the primary judge with respect to the orders the subject of appeal and two previous orders. It does not appear that evidence was taken on any of those dates. She addresses her financial circumstances (although without a financial statement). The appellant has provided no evidence as to the estimated costs of the transcripts for each of those dates, nor whether she has ordered the transcripts, but submitted at the hearing of this application that it will cost $1,500 and they can be obtained in 7 days.
2. I am persuaded to grant the appellant an extension of time to file the transcripts to 12 January 2026 (to avoid the possibility that the transcript arrives after close of business in Canberra on the 9th of January).
3. As many of the appellant's arguments can be made without a transcript, I will also grant the appellant leave to proceed without a transcript if she so chooses, to ensure that her appeal is not automatically deemed to be abandoned pursuant to r 13.22(2) if she does not file transcripts. I would not grant her leave to provide evidence other than the transcripts as a transcript is the official record of the court. This means that she will be limited to the contents of the judgments where they set out what occurred on each date if transcript is not filed.

Leave to adduce further evidence on the appeal (Order 6 as sought)

1. The appellant seeks leave to adduce further evidence on the appeal which she summarises at para [41] of her affidavit. It is appropriate in a case such as the present for the application to adduce further evidence to be determined by the Full Court at the time of hearing the appeal. I will therefore order that this part of the application be adjourned to the appeal hearing to be heard together with the application for leave to appeal (and the appeal if leave is granted).

1. I will therefore make orders varying the appeal directions of 27 November 2025 by varying Order 6 thereof to read "In the event that the appellant fails to file an electronic consolidated transcript by 4.30pm AEDT (Canberra time) on 12 January 2026 the appeal proceed in the absence of transcripts."
2. I will adjourn the application (to the extent that it seeks leave to adduce further evidence on the appeal) to be heard at the time of the hearing of the application for leave to appeal and the appeal (if leave is granted).
3. Whilst the late filing of the Application in the Appeal has resulted in the appellant allowing times set out in the directions by the appeal registrar to lapse, I am nonetheless persuaded to extend those times to 4.30pm AEDT (Canberra time) on 7 January 2026 with respect to the Contested Appeal Book and to extend the time for the appellant to file her Summary of Argument and List of Authorities to 12 January 2026. The respondent's time to file a Summary of Argument ought to be set at 19 January 2026 so that he may respond to the appellant's Summary of Argument should he wish to do so and the appellant have time to consider his Summary of Argument.
4. I will dismiss the balance of the Application in an Appeal.

I certify that the preceding twenty-seven (27) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Riethmuller.

BECKETT GROUP PTY LTD AS TRUSTEE FOR THE BECKETT FAMILY TRUST