Progressing a matter in a timely fashion is always important, not least of which that not doing so could increase a party’s costs.  Kelly & Huber [2025] FedCFamC1A 237 His Honour, Aldridge J, determined an Application in an Appeal seeking reinstatement of an Appeal that had been abandoned by the failure to file a transcript on time.

The application was supported by the Independent Children’s Lawyer and whilst opposed by the Respondent, he did not identify any prejudice to him if the appeal was reinstated.  Neither did he submit that the appeal was devoid of merit.

The situation was that the reason for the delay in filing of the transcript resulted from a delay in the provision of that transcript by the supplier, the applicant having filed that transcript as soon as she was put in a position to do so.  The applicant had, in fact, ordered the transcript on the very day of the procedural orders requiring the filing of same.

Takeaway – whilst this worked out for the applicant on this occasion, it ought not be relied upon as the appropriate course.  Rather, as soon as the applicant became aware that she would not be able to file the transcript in time the correct approach was to seek an extension of time to do so.