Noble v Durrant (No 2)

The case of Noble v Durrant (No 2) involved a dispute between the applicants, who were the children of a deceased man, and the respondent, who was the wife of the deceased. The applicants sought family provision under the Family Law Act 1975, claiming they were not adequately provided for in their father's will. The matter was heard in the Family Court of Australia. The respondents, in turn, opposed the application, arguing the will was fair and just, and that the applicants were adequately provided for.

The legal issues before the court were whether the applicants were adequately provided for, and if the applicants were not adequately provided for, what orders should be made to rectify this. A further issue was whether the applicants were entitled to costs, despite their application being unsuccessful. The applicants had made a Calderbank offer, which was an offer to settle on terms that if the offer was not accepted and the applicant was not more successful at trial than at the offer, the applicant would pay the costs of the respondent from the date of the offer.

The court found that the applicants were adequately provided for by the will. The court noted that the applicants had made a Calderbank offer but found that the applicants had not been more successful at trial than they were at the time of the offer. The court held that the applicants were not entitled to costs. The court also noted that the applicants had not sought indemnity costs, and therefore did not consider it appropriate to order indemnity costs.

The court made orders that the applicants pay the respondent's costs of the proceeding. The court also made orders that the applicants pay the respondent's costs of an appeal to the Full Court of the Family Court, which were taxed at a reduced amount.