CAINE & CAINE (No.2)

In *Caine & Caine (No.2)*, Judge Jarrett of the Federal Circuit and Family Court of Australia considered an application filed on 30 April 2020. The precise nature of the dispute between the parties is not detailed, but the case title and the catchwords suggest it involved family law matters, specifically concerning marriage counselling, mediation, and arbitration, and raised issues of procedural fairness and the adequacy of reasons.

The central legal issues before the court were whether the application filed on 30 April 2020 should be dismissed, and how any applications for costs should be managed. The court was required to determine the appropriate procedural steps for parties seeking or opposing costs orders, including the timeframe for submissions and the potential for oral hearings.

Judge Jarrett ordered the dismissal of the third further amended application filed on 30 April 2020. The court then established a detailed process for any subsequent applications for costs. This process mandates that the applicant for costs must file and serve written submissions and any supporting affidavits within 28 days. The respondent to such an application has a further 28 days to file and serve their own submissions and affidavits. Unless a party specifically requests an oral hearing in their submissions, any costs applications will be determined on the papers.