M v M

This matter concerned an application for costs made by the respondent in a proceeding before the High Court of Australia. The appellant was represented by an agent who indicated they had no instructions regarding costs, while counsel for the respondent sought an adjournment of the costs application.

The central legal issue before the Court was how to manage the application for costs given the lack of instructions from the appellant and the respondent's request for an adjournment. The Court was required to determine a procedural path forward for the determination of costs.

The High Court decided that the most appropriate course was to allow both parties to present written submissions on the question of costs. The respondent was directed to file and serve its submissions within seven days, with the appellant to provide a response within a further seven days. This approach aimed to ensure both parties had an opportunity to be heard on the costs issue, despite the initial procedural difficulties.