VAN DIEMEN & VAN DIEMEN

In the matter of *Van Diemen & Van Diemen*, heard before Tree J, the dispute concerned an application where the trial was adjourned. The specific nature of the underlying dispute is not detailed, but the proceedings involved a husband and a wife, as well as an independent children's lawyer.

The primary legal issue before the court was the determination of costs following the adjournment of the trial. Specifically, the court was required to decide which party should bear the costs incurred as a result of the adjournment and how those costs should be quantified.

Tree J ordered that the trial of the application be adjourned to a date to be fixed. The husband was ordered to pay the costs thrown away by this adjournment, totalling $1358 for the independent children's lawyer and $3233.33 for the wife. The question of the costs of the trial itself was reserved for the judge presiding over the fresh trial. Furthermore, the court certified that the matter was a proper one for the attendance of counsel.