Willis and Sampson & Anor

In *Willis and Sampson & Anor*, Kent J of the Federal Circuit Court of Australia considered costs orders arising from an adjourned trial. The proceedings involved a dispute between a husband and wife, with the wife seeking costs related to an adjournment of the trial scheduled for 15 April 2013 and other costs issues stemming from the husband's affidavit sworn on 8 April 2013.

The primary legal issue before the court was the appropriate allocation of costs occasioned by the adjournment of the trial. Specifically, the court had to determine whether the wife was entitled to recover costs thrown away by the adjournment and, if so, on what basis. A secondary issue concerned the wife's ability to agitate further costs issues arising from the husband's recent affidavit.

Kent J ordered that the husband pay the wife's costs thrown away by the adjournment of the trial on 15 April 2013. These costs were to include the wife's expenses related to the preparation, filing, and service of her list of objections to the husband's affidavit filed on 16 April 2012. The court directed that these costs be agreed between the parties or, failing agreement, assessed on an indemnity basis. Furthermore, any other costs issues the wife wished to raise, arising from the husband's affidavit sworn on 8 April 2013, were reserved to be determined at the trial.