Westlake and Trask

In *Westlake & Trask*, the Family Court of Australia considered an application for costs following an adjournment of proceedings. The applicant was Ms Westlake (the wife) and the respondent was Mr Trask (the husband). The dispute concerned property matters, and the hearing was part-heard when an adjournment became necessary.

The primary legal issue before the court was whether the husband should be ordered to pay the wife's costs thrown away by reason of the adjournment of the proceedings on 1 May 2013. This required the court to consider the conduct of the parties and whether the adjournment was necessitated by the failure of one party to comply with previous orders or to properly prepare for the hearing.

Justice Aldridge reasoned that the adjournment was primarily caused by the husband's late service of an affidavit from Mr C on the third day of the hearing, which sought to rebut inferences the wife intended to draw regarding his employment prospects. The husband also caused delays concerning the report of an expert, Mr B. The court found that the wife was entirely innocent of causing these delays and that the matter would likely have concluded on 1 May 2013 but for these issues. The court noted that while it was not inappropriate to bring updating evidence, it was inappropriate to do so at such a late stage of the hearing.

Consequently, the court ordered that the respondent husband pay the applicant wife's costs thrown away by reason of the adjournment of the proceedings on 1 May 2013, as agreed and assessed. Leave was also granted to the husband to rely on certain affidavits and to the wife to issue subpoenas, and the matter was fixed for a continuation of the hearing.