Land and Environment Court

Transcripts 

 

A transcript is a written record, prepared in accordance with legislation, of what is said during a court case.

All proceedings in all NSW Courts, being courts of record, are recorded either by Court Reporters or Sound Recorders. In the Land and Environment Court an audio recording is created of what is said in the proceedings. The recording is retained by the Reporting Services Branch for up to three years after the court case (five years for criminal matters).

If a person needs a typed copy of a court hearing, the Reporting Services Branch uses the audio recording to prepare the transcript. As an alternative to the provision of transcript, persons can also request the purchase of the audio recording. However these recordings cannot be externally transcribed to produce official transcript (for example, for appeal purposes) and any external transcript cannot be tendered as an official version of what transpired in court Audio recordings can only be ordered with the express permission of the registrar or presiding judge.

Civil transcripts in the Land and Environment Court are prepared by contractors nominated by Reporting Services Branch. Civil transcripts are ordered directly from Reporting Services Branch and any orders for daily transcripts need to made prior to the commencement of the hearing.

Ordering a transcript?

Criminal Matters

For criminal matters heard at the Land and Environment Court, place your order with the Court's registry by:

  1. completing a Transcript Order Form and forwarding it to the Court's registry

  2. paying a deposit - the amount of the deposit will be the cost of producing an eight page transcript. 

For the current fees for transcript, see item number 21 on the current Schedule of Court Fees.

Civil Matters

For civil matters heard at the Land and Environment Court, place your order with the Reporting Services Branch by:

  1. completing a  Civil Transcript Order Form  and forwarding it to the Reporting Services Branch
  2. paying the invoice by credit card.. Note: A minimum fee of $250.00 must be paid for daily transcript. - see below for more information.
     

Costs of a transcript

Back Transcripts - Civil and Criminal

Transcript is charged on a per page basis. Check the Schedule of Court Fees​ to determine the current costs per page amount (note: transcript more than three months old is charged at a slightly higher rate per page). As an indication only, a full day of court hearing time would run to approximately 60-70 pages. The transcript is generally made available within 10 working days.

Daily transcripts

The base rate of daily transcripts is $19.50 per page. This cost can then be shared between the parties who order a daily transcript.   Payment is by way of credit card details. A minimum fee of $250.00 is applicable.

Cancellation of daily transcript

The minimum fee of $250.00 is payable if the service is cancelled within 24 hours of the commencement of the matter.  

It is the obligation of the parties to inform Reporting Services Branch of any cancellation of the hearing.      

 

Reducing the fee for transcripts

Everyone is required to pay for transcripts unless they can show that they need it and cannot afford it. If you need a transcript, but cannot afford to pay for it, you need to apply to the Court's registrar who has the authority to waive, postpone or remit court fees. To do this you need to complete a Fee Waiver, Postponement or Remittance Form and forward it to the registrar for determination.

 

Ownership of transcripts

All transcripts are owned by the State of New South Wales. This means the copyright is also owned by the State.  Therefore transcripts cannot be photocopied or used in any other way without getting permission from the Reporting Services Branch or by contacting the Community Relations Unit at the NSW Department of Attorney General and Justice who can provide further information about Crown copyright.

 

Who is entitled to obtain a transcript of a court case?

Subject to the payment of transcription fees, the parties to the proceedings or their legal representatives are entitled to obtain a copy of a transcript. The Court's registrar may also permit non-parties to obtain a copy of a transcript if they provide sufficient reasons in writing.

 

Sound recording

A sound recording is created of what was said during the hearing of all Land and Environment Court proceedings held in a courtroom. The recording is retained by the Reporting Services Branch for three years after the court case (five years for criminal matters). A duplicate copy of the sound recording can be ordered as an alternate to the transcript, however duplicate copy cannot be used for official purposes nor can these be externally transcribed to produce official transcript and any external transcript cannot be tendered as an official version of what transpired in court Audio recordings can only be ordered with the express permission of the registrar or presiding judge.

Duplicate recordings are not available if a judge of the Court has ordered the production of a transcript in a particular matter. Additionally, audio recordings of oral judgments are not available for purchase. Oral judgments will be transcribed afterwards and the written judgment will be posted on NSW Caselaw and the court's website under judgments.

     

Recording of on-site hearings

Hearings that are held on-site are not recorded and therefore transcripts of proceedings and audio recordings are not produced.  Judgments delivered at on-site hearings are, however recorded personally by the commissioner delivering the judgment.  The recording will be transcribed afterwards and the written judgment will be posted on NSW Caselaw and on the court's website under judgments

 

Ordering a duplicate recording

Criminal matters

A duplicate recording may be ordered by:

  1. seeking the permission of the registrar or presiding judge
  2. completing a Transcript Order Form  and forwarding it, together with the authorisation from the registrar or presiding Judge, to the Court's registry 
  3. paying a deposit - deposits on duplicate recordings are charged on the cost of producing one (1) CD or cassette tape.

For the current fees consult item number 20 on the current Schedule of Court Fees. Duplicate recordings are generally made available within five (5) working days.

Civil matters

A duplicate recording may be ordered by:

  1. seeking the permission of the registrar or presiding judge
  2. completing a Civil Transcript Order Form  and forwarding it, together with the authorisation from the registrar or presiding Judge, to the Reporting Services Branch
  3. paying the invoice by credit card.

 For the current fees consult item number 20 on the current  Schedule of Court Fees.

Duplicate recordings are generally made available within five (5) working days.

 

Cost of duplicate recordings

The cost of duplicate recordings are detailed in the Schedule of Court Fees

     

 

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