Sampson & Hartnett (Provision of Transcript)

The wife, Ms Sampson, appeals against the decision of Jordan J to award residence of the two children to the husband, Mr Hartnett. The wife's application for the Court to provide the transcript of the hearing before Jordan J, at its expense, was dismissed. The Full Court held that the interests of justice did not require the provision of the transcript at the Court's expense. The wife's grounds of appeal, while numerous, did not reveal any compelling reasons to believe that the appeal was likely to succeed. The Court noted the financial circumstances of the wife which were relevant to the exercise of its discretion. The wife had been living in Sydney for some time and was prepared to continue to do so. The costs of the transcript were significant and the Court did not consider it would be justified to incur that expense. The Full Court did not make an order for costs.