Bergman and Bergman and Ors (No 2)

In *Bergman and Bergman and Ors (No 2)*, Young J of the Supreme Court of New South Wales considered outstanding costs issues and case management matters arising from proceedings involving the Third Party, Fourth Party, and the Case Guardian on behalf of the husband. The dispute concerned the resolution of costs and the timeline for further submissions and applications.

The court was required to determine the appropriate procedure and timeline for addressing the outstanding costs issues, including the filing of further applications and affidavits by the parties. Additionally, the court needed to consider whether to extend the period within which a party could ask the Court to determine the dispute, which had a statutory 42-day limit. The court also had to manage the listing of a further hearing for case management issues.

Young J ordered that the solicitors for the Third and Fourth Parties file and serve any further applications and supporting affidavits concerning costs by 25 September 2009. The Case Guardian, on behalf of the husband, was to file and serve any responses or further affidavits by 16 October 2009. All further written submissions were to be filed by 5 November 2009. Crucially, the court extended the period for a party to request determination of the dispute beyond the usual 42 days, until 4.00 p.m. on 28 August 2009, pursuant to Rule 19.24(3). A further hearing for case management was scheduled for 6 November 2009, with parties excused from attendance. There were no orders as to the costs of the hearing.