Obtaining court transcripts can cost thousands of dollars for a single day of proceedings, but the documents can contain errors, missing text, and even wrong attribution, frustrating legal practitioners who say the flaws impede justice.
Justice is being obstructed by inaccurate court transcripts — including some where potentially prejudicial comments by judges were missing, according to a slew of legal practitioners interviewed by the ABC.
The prohibitive cost of obtaining transcripts also meant some appeals were not even being considered, lawyers warned.
There are now calls for change, including the cancellation of a lucrative contract with the foreign company that provides the transcripts, and for the raw audio files to be provided to litigants as a matter of course.
The ABC spoke to nine legal practitioners for this story but four declined to go on the record — some saying they feared that speaking out could lead to reprisals from judges in ongoing or subsequent court cases.
Four practitioners said erroneous transcripts in cases they had worked on affected how their cases progressed.
Some said inappropriate or biased comments from the judge were missing from the transcript, making it impossible to lodge an appeal on those grounds.
If the contents of a transcript are disputed, a request can be made to review it against the audio file, but recordings “are only available in exceptional circumstances”, according to the Federal Circuit and Family Court (FCFC) website.
The court uses a transcription company called VIQ Solutions — a prominent agency that provides services to hundreds of bodies around the world including media outlets, law enforcement, government agencies and insurance companies, according to its website.
VIQ Solutions also provides transcripts for the family court in the United Kingdom, where similar concerns have been raised regarding the quality and accuracy of transcripts.
UK family law barrister Charlotte Proudman said in order for justice to be done, and to address inaccuracies, courts must allow access to audio files of proceedings — not just written transcripts.
The Australian Law Reform Commission (ALRC) highlighted the call for access to audio files as part of their 2021 report into judicial impartiality.
Legal practitioners told the ABC the process of seeking a review of the transcript against the audio file was too complicated, too costly for litigants, and requests to access the audio files were rarely granted.
VIQ Solutions Australia Pty Ltd is a private subsidiary of VIQ Solutions, which is a public company based in Ontario. The parent company made a gross profit of $US19.2 million in 2024.
A transcript for a single day of family court proceedings can set a parent back anywhere between $3,000 and $5,000 depending on the length of proceedings and deadline for turnaround.
Mr Shoebridge said the optics of a foreign entity making profits from Australian family court proceedings was concerning.
“When you privatise essential public services like transcriptions in courts you create a lot of awkward incentives because obviously if this is a company that has a contract with the courts they don’t want to get the courts offside.”
A spokesperson for the family court said: “All equipment used to record hearings is owned and managed by VIQ Solutions, and no court staff member has access to the equipment, nor do staff members or judicial officers directly edit or alter transcripts”.
Upon further questioning, the spokesperson later clarified that “court staff can correct typographical errors” in transcripts.
However, in documents obtained by the ABC under Freedom of Information (FOI) it was clear transcripts could be edited and altered at the discretion of judicial officers.
The court’s “Transcript Style Guide” states “a presiding judicial officer may direct that scandalous or otherwise objectionable remarks in a proceeding not be recorded in the transcript”.
The document also states that editing can occur to make the transcripts more “readable” including the removal of “matters of no substance to the case” as well as “administrative” matters.
The documents released to the ABC under FOI also revealed that transcripts were sent to the court in an editable word format and that audio files were accessible by judges, registrars, judges associates and “other authorised staff”.
The court can also request VIQ Solutions staff “reproduce a transcript that does not accurately reflect the underlying recording”.
Each month VIQ must provide the court with a quality report detailing any complaints made about the transcription service or audio recordings, the number of errors in transcripts and any instances where a non-authorised person has listened to a recording, according to the Statement of Requirements.
However, a court spokesperson told the ABC they could not provide any data about complaints associated with transcripts.
VIQ Solutions declined to comment.Insider alleges key players in family court case ignored her concerns about possible child abuse
The attorney general’s department said any issues were a matter for the courts.
Source: Lawyers warn erroneous and costly family court transcripts are impeding justice, prompting calls for change – ABC News