Peterson & Davis and Ors

In *Peterson & Davis*, Foster J of the Family Court of Australia considered an application for costs arising from the adjournment of a final hearing. The dispute concerned the quantum of costs to be paid by the first respondent, Mr Davis, to the applicant and the second respondent, following an adjournment on 11 August 2020.

The central legal issue before the Court was whether the first respondent should be ordered to pay the costs thrown away by reason of the adjournment, and if so, on what basis. This required the Court to consider the conduct of the parties in relation to the preparation for the hearing.

Foster J reasoned that little had been done by or on behalf of the first respondent to prepare the matter for hearing. Consequently, the Court ordered that the first respondent pay the costs of the applicant and second respondent thrown away by the adjournment. The quantum of these costs was to be agreed between the parties within 14 days, or otherwise assessed.