Lawyers warn erroneous family court transcripts are impeding justice

ABC NEWS (Australia)

Court transcripts are supposed to be the definitive account of what happened in court and justice can rely on their accuracy. But what happens when they're wrong? Legal practitioners have warned that cases are being compromised.

Transcript

00:00Transcripts are one of the core foundations of Australia's family court system,

00:08but legal practitioners say inaccurate transcripts are leaving families and justice teetering on the edge.

00:14There have been times when I've read transcripts of a case that I've run

00:19and I've looked at them and what is in the transcript doesn't line up with what I recall and what my notes had said.

00:28What I was looking for was just omitted, it wasn't there.

00:32The ABC cited transcripts that attributed dialogue to the wrong person, named the wrong legal practitioners,

00:40contained numerous typographical errors and one transcript that was missing more than two hours of court proceedings.

00:48The family court told us court staff don't edit transcripts.

00:53That's the job of VIQ Solutions.

00:55The company contracted by the court to manage their audio and transcription files.

01:01All equipment used to record hearings is owned and managed by VIQ Solutions

01:06and no court staff member has access to the equipment,

01:09nor do staff members or judicial officers directly edit or alter transcripts.

01:14But that's not what the contract between the court and VIQ Solutions revealed

01:19when it was released to the ABC under freedom of information laws.

01:23Transcripts can be edited to correct typographical errors, to make the transcript more readable,

01:30to remove things of no substance to the case, to remove administrative matters

01:35and to remove scandalous or objectionable remarks.

01:41VIQ Solutions are used around the world, including by the family courts in the UK,

01:47where similar concerns have been raised.

01:49It's very difficult to prove that transcripts have been edited

01:53and even when they have, quite often it will be said,

01:56well, it's open to the judge.

01:58The judge is exercising their discretion, their case management powers.

02:01They're entitled to edit transcripts.

02:05The risk that erroneous and costly court transcripts could derail court cases

02:09has raised serious concerns about maintaining the integrity of the court.

02:14Anthony Wheelie Casey is a former New South Wales appeals court judge

02:18and currently chair of the Centre for Public Integrity.

02:21He says better oversight is needed.

02:24I think as everybody knows, there's been a call for many years now

02:28for there to be a federal judicial commission.

02:30We don't have one.

02:31It defies description or any rational explanation as to why that should be so.

02:37Of course we need a judicial commission.

02:40This is a reform the Greens have been supporting for many years now.

02:44We have the Australian Law Reform Commission saying it's essential

02:47that there be a Commonwealth Judicial Commission

02:49and yet we get no action from the Albanese government.

02:53The Attorney-General's department said the federal courts

02:56were responsible for their own management.

Category

Transcript

Be the first to comment

Recommended