Kaufman and Kaufman and Ors (No 2)

In *Kaufman and Kaufman and Ors (No 2)*, Bennett J of the Family Court of Australia considered an application for leave to amend a statement of claim. The parties involved included the husband, the wife, N Pty Ltd, Mr S, and C Pty Ltd. The dispute centred on the proposed amendments to the statement of claim and the subsequent procedural steps required for the defence and further particulars.

The court was required to determine whether to grant leave to the husband and N Pty Ltd to amend their statement of claim, notwithstanding potential non-compliance with the Family Law Rules. Additionally, the court needed to establish the timelines for the wife and Mr S and C Pty Ltd to file and serve their defences, and for N Pty Ltd to file any reply. The court also had to consider the costs associated with the amendment and the attendance of Senior Counsel and Counsel.

Bennett J granted leave to the husband and N Pty Ltd to amend the statement of claim, accepting the amended document as filed. The court then set specific deadlines for the wife to file and serve a defence, and for Mr S and C Pty Ltd to request and receive further particulars before filing their defences. N Pty Ltd was also given a deadline to file any reply. The court reserved the question of costs concerning the amendment, both as against the husband and associated entities, and in relation to C Pty Ltd and Mr S. Furthermore, the court directed that practitioners provide clients with detailed written notice of incurred and estimated costs, including expert witness expenses and daily trial costs, and that copies of these notifications be provided to the Associate. The court also made a finding that the matter reasonably required the attendance of Senior Counsel and Counsel.