Soglia and Soglia (No. 3)

In *Soglia and Soglia (No. 3)*, Hogan J of the Family Court of Australia considered an application for costs following an adjournment of a trial. The applicant sought an order for costs thrown away by the adjournment of the trial that was scheduled to commence on 10 September 2018.

The central legal issue before the court was the determination of the quantum and timing of the costs to be paid by the applicant to the respondent. Specifically, the court was required to decide whether the costs should be agreed upon by the parties or assessed by the court, and when such payment should be made.

Hogan J ordered that the applicant pay the respondent's costs thrown away by the adjournment. These costs were to be calculated either by agreement between the parties or, failing agreement, assessed on a party and party basis in accordance with Schedule 3 to the *Family Law Rules 2004* (Cth). The payment of these costs was deferred, to be made within 30 days of either the making of a final order in the proceedings or the final resolution of the proceedings by other means.