WHITEHOUSE & WHITEHOUSE

In *Whitehouse & Whitehouse*, the parties were the estates of the husband and wife, and the dispute concerned the assessment and payment of costs arising from earlier family law proceedings. The matter came before Mushin J.

The court was required to determine the circumstances justifying an order for costs between the parties, specifically how those costs should be taxed and paid, and whether the wife's estate should bear the costs of the husband's estate. A further issue was the allocation of costs related to a specific adjournment of proceedings.

Mushin J reasoned that the general rule regarding costs in family law proceedings, which often involves parties bearing their own costs, could be departed from in this instance. The court applied the principles of the *Family Law Rules 2004*, particularly Chapter 19 concerning costs, to assess the situation. The court ordered that, failing agreement, the costs of the husband's estate from the proceedings culminating in the 6 February 2009 orders, including the costs of the applications for costs, were to be assessed and paid by the wife's estate. However, the costs incurred by the wife's estate in relation to the adjournment on 10 December 2007 were to be assessed and set off against the amount payable by the wife's estate to the husband's estate. All other applications were dismissed. The court also certified that the matter reasonably required the attendance of counsel.