Kaufman and Kaufman & Ors

In *Kaufman and Kaufman & Ors*, heard before Bennett J, the proceedings concerned interim property matters within a family law dispute. The husband sought extensions of time to file his affidavit in chief, and the wife applied for costs thrown away due to the husband's failure to file material. A further issue arose regarding a potential conflict of interest concerning a direct brief.

The court was required to determine whether to grant the husband's application for an extension of time to file his affidavit in chief and to comply with another order. Additionally, the court had to consider the wife's application for costs, specifically whether those costs should be awarded on a party/party or indemnity basis, and whether any costs order should be stayed. The court also needed to address the implications of a direct brief and a potential conflict of interest.

Bennett J granted the husband an extension of time to comply with the orders concerning his affidavit in chief and another specified order, setting a new deadline of 25 March 2010. The court stipulated that if the husband failed to comply with the order regarding his affidavit in chief, the proceedings would proceed on an undefended basis for the husband, allowing him to cross-examine but not adduce evidence. The wife was granted costs on a party/party basis, but her application for costs on an indemnity basis was dismissed. The costs order was stayed until the next hearing. The court also ordered that its reasons be transcribed and provided to the parties and the Chairman of the Ethics Committee of the Victorian Bar, and listed the matter for directions for trial on 30 April 2010.